Book contents
- Frontmatter
- Contents
- List of Contributors
- Acknowledgements
- Introduction: Judges and Journalists and the Spaces In Between
- 1 Judicial Communication: (Re)Constructing Legitimacy in Argentina
- 2 Communication beyond the Judgments: The Australian High Court, Speaking for Itself, but Not Tweeting
- 3 Uncommon Transparency: The Supreme Court, Media Relations, and Public Opinion in Brazil
- 4 The “Uncomfortable Embrace”: The Supreme Court and the Media in Canada
- 5 Germany: The Federal Constitutional Court and the Media
- 6 The Supreme Court and Media in Ghana's Fourth Republic: An Analysis of Rulings and Interactions between Two Estates of the Realm
- 7 The Puzzle of Judicial Communication in Indonesia: The Media, the Court, and the Chief Justice
- 8 Carping, Criticizing, and Circumventing: Judges, the Supreme Court, and the Media in Israel
- 9 Judicial Communication in South Korea: Moving toward a More Open System?
- 10 Changing the Channel: Broadcasting Deliberations in the Mexican Supreme Court
- 11 Norway: Managed Openness and Transparency
- 12 Judicial Institutional Change and Court Communication Innovations: The Case of the UK Supreme Court
- 13 Symbiosis: The US Supreme Court and the Journalists Who Cover It
- Conclusion
- Index
- References
5 - Germany: The Federal Constitutional Court and the Media
Published online by Cambridge University Press: 16 February 2017
- Frontmatter
- Contents
- List of Contributors
- Acknowledgements
- Introduction: Judges and Journalists and the Spaces In Between
- 1 Judicial Communication: (Re)Constructing Legitimacy in Argentina
- 2 Communication beyond the Judgments: The Australian High Court, Speaking for Itself, but Not Tweeting
- 3 Uncommon Transparency: The Supreme Court, Media Relations, and Public Opinion in Brazil
- 4 The “Uncomfortable Embrace”: The Supreme Court and the Media in Canada
- 5 Germany: The Federal Constitutional Court and the Media
- 6 The Supreme Court and Media in Ghana's Fourth Republic: An Analysis of Rulings and Interactions between Two Estates of the Realm
- 7 The Puzzle of Judicial Communication in Indonesia: The Media, the Court, and the Chief Justice
- 8 Carping, Criticizing, and Circumventing: Judges, the Supreme Court, and the Media in Israel
- 9 Judicial Communication in South Korea: Moving toward a More Open System?
- 10 Changing the Channel: Broadcasting Deliberations in the Mexican Supreme Court
- 11 Norway: Managed Openness and Transparency
- 12 Judicial Institutional Change and Court Communication Innovations: The Case of the UK Supreme Court
- 13 Symbiosis: The US Supreme Court and the Journalists Who Cover It
- Conclusion
- Index
- References
Summary
When World War II was over in Europe in early May 1945, Germany was divided into four occupation zones. The three Western zones developed into the Federal Republic of Germany or West Germany, founded on May 23, 1949, with the proclamation of the new constitution (Basic Law). The Eastern zone, occupied by the Soviets, became the German Democratic Republic (GDR). The division of the country ended with unification on October 3, 1990, with the five newly rebuilt Eastern states (Länder) joining the Federal Republic thus becoming part of what had been the West German system. Germany today consists of 16 Länder that have their own constitutions, their own parliaments and governments and far-reaching rights in a system of concurrent legislation.
Germany's history is a key for understanding the powerful role of the Federal Constitutional Court (FCC). Created shortly after the end of the 12-year Nazi dictatorship, the new constitution was conceived in a way that would make the return of an unjust and dictatorial regime impossible. The Constitutional Court and its competencies, in particular its binding impact on German politics, was part of this vision of democracy (cf. Lübbe-Wolff 2015). The FCC took its seat in the city of Karlsruhe situated in the Southwest of Germany and at some distance to Bonn which served as provisional capital as long as Germany was divided. The idea of separating the judiciary and the other powers spatially, took up a tradition that was established at the time of the German Empire (Lamprecht 2011, 17).
The FCC (Bundesverfassungsgericht) was founded in 1951. By being both a court and a constitutional body the FCC is in a unique position. The court is one of five constitutional bodies mentioned in the Basic Law: the President (Bundespräsident); the Federal Government (Bundesregierung); the Federal Parliament (Bundestag); and the Federal Council (Bundesrat) which represents the Länder at the federal level. The FCC is an autonomous body. In contrast to German supreme courts at the state level, the FCC is not part of the portfolio of the Ministry of Justice and has its own budget.
- Type
- Chapter
- Information
- Justices and JournalistsThe Global Perspective, pp. 101 - 118Publisher: Cambridge University PressPrint publication year: 2017
References
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