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.