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The control of constitutionality in Germany

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The Basic Law for the Federal Republic of Germany was adopted in May 1949. The Constitution of Germany was strongly influenced by United States of America. Germany is a constitutional rule of law and a federal parliamentary that is well streamlined. Thus, Germany had put in its Constitution the federal character of the state. According to the Americans, it was intended to prevent the Nazis from regaining the upper hand in Germany. The Basic Law of Germany also contained basic rights and duties imposed on citizens and the organization of the government.

Germany has ordinary courts (civil and criminal) and specialized courts (administrative, fiscal, social and work). Each level of the court is composed of federal and supreme courts of states. The Trial and Appeal are therefore held before the courts of states. There are constitutional courts in Lander. The entire legal system is controlled by the Federal Constitutional Court (Bundesverfassungsgericht) and is headquartered in Karlsruhe. A Constitutional Court must refer to the dispute before the Federal Constitutional Court if it deviates from a decision of this or another court in the state. How does the constitutional review in Germany result in a very important power of the Federal Constitutional Court?

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