FIAT JUSTISIA: Jurnal Ilmu Hukum
Vol 16 No 1 (2022)

The Basis of Constitutional Adjudication in Germany

Nge Nge Aung (University of Debrecen Marton Geza Doctoral School of Legal Studies)



Article Info

Publish Date
07 Jun 2022

Abstract

The Federal Constitutional Court of Germany leads the judiciary’s independence by protecting human rights within the Basic Law’s legal framework. In this case, the jurisdiction of the Court is essential to analyse comprehensively. The first and foremost function is interpretation. It is concerned with the extent of a supreme federal authority’s rights and duties and the citizens who can enjoy the fundamental rights under the Basic Law. The rest are abstract judicial review, constitutional complaint, and concrete judicial review. These all seem to depend on the Court’s interpretation and the supremacy of human dignity. Therefore, the issues lie when human dignity becomes a constitutional principle to resolve economic, social, and political disputes within the constitutional framework both in Germany and the European Union in practice. This research will used qualitative approach method. According to the literature reviews, human dignity is supreme, but it does not mean absolute.

Copyrights © 2022






Journal Info

Abbrev

fiat

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Fiat Justisia: Jurnal Ilmu Hukum is an open access and peer-reviewed journal that aims to offer an international academic platform for cross-border legal research encompassing specifically concerning human rights, policy, values of Islam. These may include but are not limited to various fields such ...