Law as the articulation of the state in Western Germany: A German tradition seen from a British perspective

The main purpose of this paper is to consider why in the Federal Republic of Germany legal categories are still so important in expressing what is understood by ‘the State’. This discussion is not, however, pursued solely in terms of concepts and traditions derived from German legal and political experience. Nor is the matter looked at just within the German context. There is in addition an attempt to look at the problem of law and the state in the Federal Republic against the background both of English legal theories and of contemporary arguments in Britain about constitutional issues. Thus what is offered is also a modest exercise in comparative political analysis.     

The interdependence of law and politics: Judges and the constitution in Western Germany

The comprehensive power of judicial review accorded to the Federal Constitutional Court represented a break with the German positivist legal doctrine. The Court has become firmly established and enjoys considerable influence and prestige. An examination of various rulings given by the Court shows how it has sought to arbitrate between the competing claims of law and politics. Inevitably, a form of political involvement is attached to the functioning of the Court, but this has not had harmful consequences. There is a widespread view that a sharp line should not be drawn between law and politics, and the legal context favours a reference to general and moral principles rather than narrow interpretations of the law. Thus far, the Court has succeeded in avoiding a weakening of its authority in becoming the subject of political contention.     

Kohl's chancellorship

The Kohl Chancellorship. Edited by CLAY CLEMENS and WILLIAM E. PATERSON. London and Portland, OR: Frank Cass, 1998. £14.50 pb.

Deutschlandpolitik in Helmut Kohls Kanzlerschaft. Regierungsstil und Entscheidungen 1982–1989. By KARL‐RUDOLF KORTE. Stuttgart: Deutsche Verlags‐Anstalt, 1998.