Concrete Judicial Review

Concrete Judicial Review

Concrete Judicial Review

Concrete Judicial Review

- Constitution of Germany

Article 100[Concrete judicial review]

(1) If a court concludes that a law on whose validity its deĀ­cision depends is unconstitutional, the proceedings shall be stayed, and a decision shall be obtained from the Land court with jurisdiction over constitutional disputes where the constitution of a Land is held to be violated or from the Federal Constitutional Court where this Basic Law is held to be violated. This provision shall also apply where the Basic Law is held to be violated by Land law and where a Land law is held to be incompatible with a federal law.

(2) If, in the course of litigation, doubt exists whether a rule of international law is an integral part of federal law and whether it directly creates rights and duties for the indiĀ­vidual (Article 25), the court shall obtain a decision from the Federal Constitutional Court.

(3) If the constitutional court of a Land, in interpreting this Basic Law, proposes to derogate from a decision of the Federal Constitutional Court or of the constitutional court of another Land, it shall obtain a decision from the Federal Constitutional Court.


Basic Law of Germany

Preamble
Basic Rights
Federation and the Lander
Bundestag
Bundesrat
Joint Committee
Composition Rules of procedure
Federal President
Federal Government
Federal Legislation
Execution of Federal Laws
Joint Tasks
Judiciary
Finance
State of Defence
Transitional and Concluding Provisions
Constitution Germany Concrete Judicial Review 2023
Giant budget deficit and anti-gay legal case show fallout of Russia's ... The Spokesman Review
ASU's McCain Institute and Cronkite School launch task force on ... Walter Cronkite School of Journalism and Mass Communication
How pro-Putin operatives in Germany work to turn Berlin against ... The Japan Times
Latest Developments in Ukraine: Jan. 9 Voice of America - VOA News