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Event Series Event Series: CPG Constitutional Law Series

The Guardian of the Constitution as a Political Actor? Reflections on Role, Function and Power of the German Constitutional Court

July 4 from 15:00 - 16:30 BMT

CPG Constitutional Law Series

on the occasion of the 75th anniversary of the German Basic Law

July 4, 2024, 3 p.m. – 4:30 p.m. (GMT+7), online via Zoom video teleconferencing

organized in collaboration with the Asian Governance Foundation

Description

The online expert talk “The Guardian of the Constitution as a Political Actor? Reflections on Role, Function, and Power of the German Constitutional Court” is the second event in the CPG Constitutional Law Series hosted by CPG on the occasion of the 75th anniversary of the German Basic Law. It will explore the role, function, and power of the Federal Constitutional Court, delving especially into the question in how far the Court acts as a political actor within the constitutional and political system in Germany.

75 years ago, on May 23, 1949, the German constitution, widely known as the Basic Law, entered into force, following its passage in the Parliamentary Council on May 8 and subsequent approval by the occupying Western Allies of World War II. Since then, the Basic Law has developed into a mainstay of democratic governance, rule of law, and human rights protection in Germany, while inspiring the development and creation of constitutions in many countries around the world. To celebrate the Basic Law’s 75th anniversary and its enduring impact on democracy, freedom, and the rule of law in the heart of Europe and beyond, CPG is hosting a series of online events as part of the “CPG Constitutional Law Series” to explore and discuss some of the many facets of the Basic Law.

The series commenced on June 14 with a presentation by Professor Dr. Dr. Rainer Hofmann from Goethe University Frankfurt/Main titled “The First Line of Rights Defense in Germany: The Concept of Human Dignity in the Basic Law.”

It will continue with a talk by leading German public law scholar Prof. Dr. Oliver Lepsius from the Faculty of Law of the University of Münster who will speak on the topic of “The Guardian of the Constitution as a Political Actor? Reflections on Role, Function and Power of the German Constitutional Court”.

The German Constitutional Court fulfills a double role as a court and constitutional organ. The latter role positions the Court among the political institutions while remaining a court subject to constitutional law.

 

Declaring laws passed by the legislature unconstitutional and even void, and deciding disputes between state organs over their respective competencies are among the powers of the Constitutional Court which makes it inevitably a political actor. This role of the Court has been subject to dispute and controversy ever since.

In his talk, Professor Lepsius will address this controversy highlighting the role of the German Constitutional Court as a political actor. He will present decisions of the Court that had a political impact, explore the characteristics of the Court’s interpretation of the Constitution, and reflect on the question of judicial activism and judicial restraint.

Speaker

Professor Dr. Oliver Lepsius is Chair for Public Law and Constitutional Theory at the Faculty of Law, University of Münster. He previously served as Professor of Public Law at the University of Heidelberg and Chair for Public Law at the University of Bayreuth as well as Adjunct Professor at Paris University II and Osaka University. Additionally, he held research and teaching positions at the University of Chicago Law School, the University of Michigan Law School, and the University of Birmingham School of Law. His research encompasses the fundamentals of public law, comparative public law, the history of public law in Germany and abroad, democratic theory, and property theory, among other areas.

Moderator

Dr. Duc Quang Ly, Project Manager, CPG

Agenda

Webinar Recap and Appreciation

We extend our heartfelt gratitude to Professor Oliver Lepsius from the Faculty of Law at Münster University for his illuminating presentation on the political function of the German Constitutional Court at today’s online expert talk, “The Guardian of the Constitution as a Political Actor? Reflections on the Role, Function, and Power of the German Constitutional Court.

We also wish to thank CPG Senior Research Fellows Pol. Lt-Gen. Suthin Khiewratana, former Commander of the Thai Border Patrol PoliceDr. Warawit Kanithasen, former Thai Ambassador; and Slavica Banic, former Justice of the Croatian Constitutional Court, as well as all other attendees for their active participation.

This talk is part of an online expert talks series, organized in the CPG Constitutional Law Series to commemorate the 75th anniversary of the German Basic Law.

Stay tuned for more events in this series

Contact Information

Contact Dr. Duc Quang Ly at duc.quang.ly@cpg-online.de for program content.

Contact Ms. Venus Phuangkom at events@cpg-online.de for administrative matters.

Details

Date:
July 4
Time:
15:00 - 16:30 BMT
Series:
Event Category:

Organizer

CPG

Other

Event Type
Panel Discussion / Roundtable
Location
Online
Registration
Required