Marshall in Weimar? Judicial review in the inter-war Germany
DOI:
https://doi.org/10.17811/hc.v0i22.680Keywords:
judicial review, Weimar Republic, fundamental rights, private property, essence of a rightAbstract
This paper discusses the origin of a diffuse and incidental judicial review over federal statutes in the Weimar Republic. Therefore, the exposition has been divided into three parts. The first defines the subject matter of this contribution. The second part begins by setting out the legal and political context of the aforementioned manifestations, and then analyses the case law that led to the famous Reichsgericht’s decision on 4 November 1925. This judgement signified the consolidation of the judicial review in Germany and may be interpreted as the result of a confluence: a case law increasingly sensitive to formal constitutional problems converged with concerns about the challenges for private property arising from the great inflationary crisis. The work concludes by assessing the constitutional balance achieved by the Republic’s highest court after the hesitating reasonings of the lapse between 1921 and 1924.
Enviado el (Submission Date): 03/07/2020
Aceptado el (Acceptance Date): 8/10/2020
Downloads
Published
Issue
Section
License
Copyright (c) 2020 Historia Constitucional (E-Jhttp://www.unioviedo.es/constitucional/HC/logos/2019_Historournal of Constitutional History)
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
Authors who publish with this journal agree to the following terms:- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
- Journal can use the published works for future publications.
- Authors must inform the journal of later publications of their text.
