Judicial review

The judge law legal examination is a document emanating from the U.S. legal concept that came to spread throughout the Weimar Constitution in Germany and refers to the verification of the validity of Acts of Parliament at the scale of the Constitution by the courts. Today in Germany, the concept of judicial common.

Origin

The idea of judicial review comes from the United States of America. Already in 1803, in the process Marbury v. Madison, which established the highest U.S. federal court, the U.S. Supreme Court, called the Judicial Review on the scale of the Federal Constitution.

Import

In Germany, the judicial review began only by a decision of the Supreme Court of 4 November 1925. This was preceded by an intense legal and political debate in jurisprudence. Here, the legal arguments relied on various provisions of the Weimar Constitution (WRV ) of Article 13, paragraph 2 of the Weimar Constitution, which guaranteed the standard control for certain constellations on Article 102 of the Weimar Constitution, the only subjected the judge the law, and the nature. WRV 70, which instructed the Reich President, to issue the constitutional processes, have been laws.

In the discussion, the legal arguments proved to be ambivalent. Therefore, concluded the legal scholars of the time that political arguments should answer the question. The connection between " legal " and " political " functions at that time was not only conceivable, but it was practiced. Here liberal professor of constitutional law as Gustav Radbruch disagreed right of inspection to protect Parliament against a predominantly conservative judiciary. On the other hand challenged conservative jurists for judicial review. Triepels central message should be later often quoted: " [ T] he judicial review is in the parliamentary republic, if not the only, yet the most important protection of civil liberty against a machthungerigen Parliament ".

. Debate chose only the Supreme Court with the said judgment dated November 4, 1925 Given the intensity, had been arguing with the above, the findings of the Court are considered " categorically ":

From then tested the courts to reconcile Reich laws with the Constitution without further notice. However, cases were rare, in which a supreme court declared a kingdom law invalid.

Verfassungstextliche hedge learned judicial review only after the end of World War II, initially in some state constitutions, then the Basic Law for the Federal Republic of Germany.