In diesem Beitrag wird das kontrafaktische Szenario betrachtet, dass die ganze Erde einen globalen Bundesstaat nach dem Vorbild der Bundesrepublik Deutschland bilden würde, in dem das Grundgesetz analog für alle Menschen und Länder Geltung hätte. Grundgesetz und Organisation der...

The German version of federalism, often called 'cooperative federalism', has been identified by many as one of the root causes for Germany becoming Europe's new sick man. Now, a number of changes in the institutions defining the relationship between the federal, the state and the local level...

This paper analyses lawsuits against shareholders' resolutions according to the German Stock Corporation Act (AktG) and the German Reorganisation Act (UmwG). A merger passed at the General Annual Meeting will not move forward as long as any lawsuit is pending with a court. In particular, mergers...

In our digital age, how do governments both combat hate speech and terrorism, while continuing to protect civil liberties? And who makes the rules – platforms themselves? National governments? International institutions? When it comes to establishing policies to protect people on and off-line,...

Earlier this year the Federal Ministry of Justice released the second edition of the brochure, Law - Made in Germany. For those readers who do not know the brochure, it is the product of an umbrella group of German professional organizations known as the Bündnis für das deutsche Recht. A...

This paper analyzes the contemporary emergence of neo-formalist and neo-functionalist approaches to law-making at a time when the state is seeking to reassert, reformulate and reconceptualize its regulatory competence, both domestically and transnationally. While the earlier turn to alternative...

The ruling of the German Federal Constitutional Court and its call for conducting and communicating proportionality assessments regarding monetary policy have been the subject of some controversy. However, it can also be understood as a way to strengthen the de-facto independence of the European...

Because verdicts are typically the more costly resolution of legal disputes, most governments are interested in high settlement rates. In this paper, we use a unique dataset of 860 case records from a German trial court to explore which factors have a significant impact on the decision to settle...

Scholarly discourse over America’s national security policy frequently invites comparison with Germany’s policy. Interest in Germany’s national security jurisprudence arises because, like the United States, Germany is a constitutional democracy. Yet, in contrast to the United States,...