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East-Treaties Constitutionality Case

Federal Republic of Germany.  22 May 1972 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

States as international persons — In general — Sovereignty and independence — In foreign relations — Conclusion of "EastTreaties" in 1970 between Federal Republic of Germany, Poland and USSR for normalization of relations — Individuals claiming that constitutional rights impaired by treaties — Action for temporary injunction to postpone entry into force pending final court decision — Power of Federal Constitutional Court to override elected political organs — Requirement of compelling reasons in the public interest — The law of the Federal Republic of Germany

Treaties — Conclusion and operation of — Ratification — Entry into force — Action for temporary injunction to postpone entry into force — Individuals claiming that constitutional rights impaired by treaties — Conditions for issue of injunction — Power of Federal Constitutional Court to override elected political organs — Requirement of compelling reasons in the public interest — “East-Treaties” for normalization of relations between Federal Republic of Germany, Poland and USSR, 1970 — The law of the Federal Republic of Germany

Treaties — Conclusion and operation of-Constitutional limitations — Judicial review by Federal Constitutional Court — Individuals claiming that constitutional rights impaired by treaties — Action for temporary injunction to postpone entry into force of treaties pending final court judgment — Conditions for issue of injunction — Power of Constitutional Court to override elected political organs — Requirement of compelling reasons in the public interest — “East-Treaties” for normalization of relations between Federal Republic of Germany, Poland and USSR, 1970 — The law of the Federal Republic of Germany

Type
Case Report
Copyright
© Cambridge University Press 1987

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