German influence on Italian jurists' perceptions of the British constitutional model in the late nineteenth century

In Great Britain, the Magna Carta of 1215 was regarded as the guarantor of parliamentary sovereignty for centuries. During the nineteenth century the Charter continued to be interpreted in law schools, particularly through William Blackstone's 1759 edition. By the mid-nineteenth century, both politicians and lawyers proceeded with a revision of the law, and provided the first Statute Laws Revision Act of 1856. Two further acts followed in 1861 and 1863, repealing hundreds of obsolete laws; subsequent legislation abrogated much of Magna Carta and, by the 1880s, even more chapters of the Charter were revoked. In the rest of Europe throughout the nineteenth century, eminent continental scholars were authoritative voices regarding the interpretation of the English juridical system. By examining historical, legal and political-theoretical aspects of the continental, particularly the German, reception of the English concept of law, the aim of this article is to contribute to a wider understanding of European constitutionalism of that time, since the nineteenth century can be considered a constitutional era. Various aspects of constitutional history both within and outside of continental Europe are examined from a comparative, juridical and historical perspective. In Italy, German studies on English constitutional and parliamentary history were translated and commented on. This article is a working hypothesis about the influence, or the rejection, of the legal system in place across the Channel. The essays by distinguished German jurists interpreting the English institutional inheritance were translated into Italian. These translations and, in particular, the comments thereon, reflect the road taken by Italian legal thought to reach a constitutional model and to gain an insight into what lessons Germans drew from the English legacy in order to form their own doctrinal opinion.     

German Foreign Policy and the Libya Crisis

German foreign policy has come under scrutiny due to its decision to abstain in the vote on UN Security Council Resolution 1973 in March 2011 on the Libyan no fly zone. Germany's decision not to support France, the UK and the USA ensured that no common EU position emerged and NATO's response to the crisis proved difficult. German foreign policy was caught between enlarging its influence and role in crisis management and reserving the right to reject involvement in operations that do not fit with its national interest. Drawing on the work of Robert Gilpin, the article argues that Germany's decision to abstain on United Nations Security Council Resolution 1973 can be explained by understanding the cost/benefit calculations of the German government, pressured by the protracted Eurozone crisis.     

The Partnership between the Czech and German Greens

The paper (1) reviews the value differences between west and east Germany after unification and their development to date, and (2) explains the fact that between 1990 and 1995 east and west Germany do not approach each other in terms of values. (1) Of the four values considered, equality is more strongly endorsed in west Germany, whilst achievement is more strongly endorsed in the east. Co‐determination finds more support in west Germany. Acceptancy of institutions differs in its two domains in opposite directions: Religiosity is more strongly supported in west Germany, morality in east Germany. Across all four values, differences between both parts of the country mostly remain constant or even grow between 1990 and 1995. (2) As the former German Democratic Republic relied heavily on ‘work’ as an integrative ideology, east Germans should still be able to create a feeling of togetherness today based on the work product they established under the GDR. On the other hand, as this work is no longer linked to an unjust and ineffective political and economic system, it retrospectively gains in value on the one hand. Yet, as it is inevitably poorly assessed in the economic reconstruction of east Germany, it continually loses its value on the other hand. As unification has set off these contradicting developments, east Germans attribute them to west Germany; hence their growing distance from west German values.     

German Views of the Political System

The article analyses Germans' views of democracy in a longitudinal perspective, especially since unification. It is shown that most Germans in both parts of the country strongly support the idea of democracy although many are at the same time dissatisfied with its practice. This dissatisfaction rests on different motives, ranging from high normative democratic ideals over differences between the normative concept of democracy and the implemented one, including misconceptions of what democracy should or can be to anti-democratic attitudes. At present, Germany faces all these motives of dissatisfaction with democracy, yet in different strata and parts of the society. On the one hand, support for democracy suffers somewhat from declining interest in politics in general, which makes citizens unrealistic about political possibilities and their limits. On the other hand, feelings of economic deprivation, especially in the eastern part, still motivate sceptical views on the western kind of democracy and even in smaller parts of the public an alienation from the democratic credo. Growing inequalities throughout the whole of Germany, especially growing poverty in the lowest social strata, will cause additional systems stress, if it is not moderated by the social welfare system. Thus, the country needs more education in democratic politics for the citizens and more responsive politics on the side of the politicians including more open political structures for citizens' demands and participation.     

Europeanisation of the German education system

In education matters the EU has merely a coordinating function which leaves the member states in full control of their respective education systems. In this article, however, I claim that Europeanisation in education has taken place even before it was officially introduced by the Maastricht Treaty. The aim of this analysis is to explore changes in the German education system as a possible result of Europeanisation. On the basis of institutional and policy analysis in primary, secondary and tertiary education, recent reforms and developments are scrutinised in the light of European integration and globalisation. Despite the obvious dominance of international and global pressures as explanatory variables for reform, it will be argued that a considerable number of features in the German education system are caused by ‘soft’ or indirect Europeanisation.     

The strong German state and the weak feminist movements

This article examines the causes of the marginalisation of women in political and economic decision‐making processes that are part of the ‘routine’ policy‐making process of the German state. The larger theoretical question is whether there is a ‘gender bias of the German state’ that has made its institutional structures less amenable to women's participation and their political agenda. Given the evidence, the answer is ‘yes’. There are specific exclusionary mechanisms that characterise the German polity, and these are antithetical to women's participation and concerns. These mechanisms act as gatekeepers of both legislation and discursive practices and are constitutive of the German Fraktionstaat and the corporatist system of economic bargaining.     

Parliament and nation-building: Max Weber and the German state

SUMMARY

The foundation of the German state in 1871 represents an interesting case of nation-building, since it accomplished political unity among different sovereign states already connected by language and culture. The considerations of Max Weber (1864–1920) are of particular relevance because they not only highlight the specific questions concerning the German nation, but they also apply to several fundamental issues about the formation of new political organizations. First of all, Weber stresses the difference subsisting between the political unity of a nation, which can also be attained in a short time, and the nation-building process, which is more lengthy and complex. In this respect, Parliament plays a central role, because it is entitled to represent the interests of all members of a nation and it constitutes a functioning mediation between the state and the individuals. By analyzing the personality of Otto von Bismarck (1815–98) and the indisputable role played by him in founding and organizing the new state, Weber discovers the relevance of a charismatic leader especially for young nations, which is nevertheless accompanied by the tendency to the concentration of power. Thus, the function of the parliamentary system consists of granting a plurality of charismatic political leaders and at the same time in supervising them. In the course of time, Weber thinks of different reforms strengthening democratization and parliamentarization. On this subject, he argues that efficient technical solutions can be shared by different nations and then adjusted to particular needs. However, he also adds that institutional reforms can ensure better procedures, but they do not solve all political problems.     

The German Parliament

ABSTRACT

In the words of Louis Marie de La Haye Cormenin (1788-1864), the French lawyer, politician and pamphleteer, in the Livre des orateurs (1843), ‘Four people know the secret of the weakness of the parliamentary orator: his doctor, his confessor, his lover and his stenographer’. Stenographers worked for the first time in 1840 in the Upper House of the Hungarian Parliament. The Bureau of Stenographers as a permanent office was established in 1868. For the Upper House and the House of Representatives, a joint Bureau of Stenographers was organized with two superiors, four auditors, twelve ordinary stenographers and two rotation guides. The stenographers worked at five-minute intervals with no backlog of work. The stenographic report of each session was published half an hour later after the last word had been spoken in the session room. The parliamentary stenographer was required to have a university degree and to take a shorthand exam. Journalists, lawyers, professors and also engineers were employed as stenographers. Reproductive intelligence, quick comprehension, responsiveness, and craftsmanship were some of the qualities that were required to be a qualified parliamentary stenographer.     

German expellee organisations in the enlarged EU

This article examines German expellees (Vertriebene) as an interest group in domestic and enlarged European Union contexts. While their background and motivations may be unique, they have similarities to other non-party actors aiming to influence political and/or legal processes. German governments have made rhetorical and financial expressions of support but privileged foreign policy considerations over core expellee demands and sought to contain them as an internal issue. EU enlargement and accession by CEE states to its legal bases has been interpreted as opening new possibilities. A ‘Europeanising’ of ‘justice’ may have unintended implications for relations among European states and peoples.     

German Idiosyncracies: Revisiting the finanzausgleich debate

Finanzausgleich. Die Verteilung der Aufgaben, Ausgaben und Einnahmen im Recht der Bundesrepublik Deutschland und der Europäischen Union. By ULRICH HÄDE. Tübingen: J.C.B. Mohr (Paul Siebeck), 1996, pp.619, DM 218.

Rechtliche und finanzwissenschaftliche Probleme der Neuordnung der Finanzbeziehungen von Bund und Ldndern im vereinten Deutschland. By KLAUS‐DIRK HENKE and GUNNER FOLKE SCHUPPERT. 1. Aufl., Baden‐Baden: Nomos Verlagsgesellschaft, 1993, pp.119, DM 41.

Der bundesstaatliche Finanzausgleich in Deutschland. Geschichtliche und staatsrechtliche Grundlagen. By JÜRGEN W HIDIEN, 1 Aufl., Baden‐Baden: Nomos Verlagsgesellschaft, 1999, pp.885, DM 198.

Die Verteilung der Umsatzsteuer zwischen Bund und Ldndern. By JÜRGEN W. HIDIEN. 1. Aufl., Baden‐Baden: Nomos Verlagsgesellschaft, 1998, pp.463, DM 98.

Handbuch Länderfinanzaugleich. By JÜRGEN W HIDIEN. 1. Aufl., Baden‐Baden: Nomos Verlagsgesellschaft 1999, pp.710, DM 178.

Finanzverfassung und Föderalismus in Deutschland und der Schweiz. By ALEXANDER JÖRG, 1. Aufl., Baden‐Baden: Nomos Verlagsgesellschaft 1998, pp.336, DM 88.

Bundesstaatliche Finanzordnung. Grundlagen, Bestand, Reform. By IRENE KESPER. 1. Aufl., Nomos Verlagsgesellschaft Baden‐Baden 1998, pp.430, DM 98.

Der Finanzausgleich zwischen Bund und Landern. By Stefan Korioth. Tubingen: J.C.B. Mohr (Paul Siebeck), 1997, pp.733, DM 228.

Grundlagen des Finanzverfassungsrechts (Sonderausgabe des Bonner Kommentars zum Grundgesetz ‐ Vorbemerkung zu Art. 104a bis 115 GG). By KLAUS VOGEL and CHRISTIAN WALDHOFF 1. Aufl., C.F. Müller Verlag, Hüthig GmbH Heidelberg 1999, pp.617, DM 178.     

The present state and future prospects of the German Volksparteien

Party performance in the 1994 ‘super'‐election year led many observers to conclude that the major parties had managed to stabilise their position. However, subsequent Land elections show a continuing downward trend in their support, evident since the 1980s, and party membership is also falling. None the less, the major parties will retain their predominance at the parliamentary level in government. In consequence there is a widening gap between their control of the party state and the basis for their legitimation in society. This development may be intensified in view of the economic and social problems faced by the Federal Republic.     

German parties and internet campaigning in the 2002 federal election

This article examines German national parties' use of the Internet in the 2002 federal election. Its main goals are to determine what the parties were doing in their online campaigns and how far their use of the Internet can be understood in terms of two party-specific variables – organisational size and primary goal. These questions are of significance given the relatively limited study of parties' use of the net in Germany in the comparative literature on this topic. Also, research on parties' use of the Web across countries has suggested that while context does produce differences in approach, partyspecific factors also play a major role in determining online strategy. The article attempts to investigate these questions systematically by examining nine German parties' use of the Internet (specifically websites, e-mail, and intra-nets) using questionnaire data from national party personnel and content analysis of web pages. Our findings show that while the divide between major and minor parties can be seen quite clearly in the German context in terms of website quality and visibility, evidence to support the impact of party outlook in shaping parties' online strategy can also be found. In addition, the study reveals that major parties are now beginning to take the Internet very seriously as a communication tool, particularly in terms of election campaigning.     

Regions and the constitution for Europe: German and British impacts

Regions have attempted to influence the emerging constitutional order of the EU for around 20 years. The German Länder have made a particular impact in sensitising the Union to regional concerns at successive Intergovernmental Conferences since Maastricht. They were also the leading regional voice in shaping debates at the Convention on the Future of Europe, though the Scottish government also succeeded in leaving an imprint on the Constitution for Europe. This article contrasts the different understandings in Germany and Scotland of how regions should make their interests felt. The German Länder have opted for a strategy focused heavily on using the structure of the member state to limit EU regulation of their fields of competence, while the Scottish government developed a more open-ended and flexible strategy based also in constructive engagement beyond the member state at the EU level. In the light of the Scottish approach the article questions whether the Länder strategy is too one-dimensional, leaving them over-dependent on the German federal government.