The judiciary of Germany is the system of courts that interprets and applies the law in Germany .
82-559: Landgericht may refer to: Landgericht (Germany) , a mid-level court in the present-day judicial system of Germany For example, Landgericht Berlin Landgericht Bremen Landgericht (medieval) , a regional magistracy in the Holy Roman Empire Topics referred to by the same term [REDACTED] This disambiguation page lists articles associated with
164-466: A balance between the executive and legislative branches under either a monarch or the people as sovereign. During July 1919, the National Assembly moved quickly through the draft constitution with most debates concluded within a single session and without public discussion of the issues. On 31 July the assembly adopted the new constitution by a vote of 262 to 75 with 1 abstention. Friedrich Ebert,
246-415: A common corps in that they are recruited through a common process and their career is governed largely by federal law. However, most judges are state ( Länder ) civil servants and follow state rules on legal education, appointment, and promotion. As a rule, each decision on the initial employment, vesting with lifetime tenure or promotion of a judge is taken by the department of justice. Yet in some of
328-571: A much lesser extent the Napoleonic Code . German law is not impregnated with legal positivism to the extent of Napoleonic legal systems, so Germany's judiciary is not subordinated to the legislature; the Basic Law directly invests supreme judicial power in the Constitutional Court as well as other federal courts and the courts of each Länder, and case law has greater importance, though not to
410-535: A new term begins. Welfare institutions, sports clubs, financial and health insurance institutions, trade unions, industrial companies and other public authorities are sometimes called upon to nominate candidates. Except for most crimes for which the trier of fact is a single professional judge and serious political crimes which are tried before a panel of professional judges, all charges are tried before mixed tribunals on which lay judges sit alongside professional judges. The German Code of Criminal Procedure requires
492-526: A person is convicted of a crime, they can be put on a probationary sentence where they do not have to go to prison if "the person sentenced should demonstrate that being sentenced was itself sufficient warning that he will not commit any further crimes". Despite having to be put under "supervision of a probation officer", the person is able to avoid the negative aspects of prison such as being "torn away from his previous life, work, and social contracts". Sentences of six months or less are automatically suspended by
574-476: A political compromise. Public discussion about candidates is very unusual. Lay judges (Schöffen) are ordinary members of the public selected for this role by a special committee, at the suggestion of a municipal council , for a five-year term. Lay judges must be German citizens who have neither been convicted of nor are under investigation for any serious crime. In addition, certain groups of individuals shall not be chosen as lay judges, such as people under
656-518: A prospective successor before confidence can be withdrawn. Under the Weimar Constitution, the vote of no confidence often resulted in difficulty forming new coalitions and a degree of parliamentary instability that in the end was fatal to the Republic. The government (cabinet) formulated decisions by majority vote; in the case of a tie, the president's vote was decisive. The Reichstag could accuse
738-489: A suspended sentence after serving at least fifteen years. Just like any other probation sentence, if the offender breaks their probation or commits another crime, they can have their freedom revoked and be sent back to prison. Selection of lay judges has been described as a "highly political and discriminatory process". It has been argued that personal acquaintance, political affiliation and occupation have all historically played an important, if publicly unacknowledged, role in
820-457: A two-thirds majority for most decisions unfavorable to the defendant; denial of probation by simple majority is an important exception. In most cases, lay judges do not have access to the case file. The lay judges needed to staff the various tribunals are selected by a selection committee from lists that are passed by the municipal councils ( Gemeinderat [ de ] ) with a two-thirds majority of attending local councillors. Given
902-465: A vote of two-thirds of the Reichstag. Rejection of the measure by the voters would act as a re-election of the president and cause the Reichstag to be dissolved. If a state failed to fulfil its obligations under the constitution or Reich law, the president could use armed force to compel the state to do so under a Reichsexekution . Article 48 gave the president the power to take measures – including
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#1732852783666984-595: Is judicial review , and it may declare any federal or state legislation unconstitutional , thus rendering them ineffective. In this respect, it is similar to other supreme courts with judicial review powers, like the Supreme Court of the United States ; yet the Court possesses a number of additional powers, and is regarded as among the most interventionist and powerful national courts in the world. Unlike other supreme courts ,
1066-424: Is a civil law mostly based on a comprehensive compendium of statutes , as compared to the common law systems. In criminal and administrative law, Germany uses an inquisitorial system where the judges are actively involved in investigating the facts of the case, as compared to an adversarial system where the role of the judge is primarily that of an impartial referee between the prosecutor or plaintiff and
1148-719: Is established and governed by part IX of the Basic Law for the Federal Republic of Germany . Article 92 of the Basic Law establishes the courts, and states that "the judicial power shall be vested in the judges; it shall be exercised by the Federal Constitutional Court, by the federal courts provided for in this Basic Law, and by the courts of the Länder ." Germany used jury trials from the Middle Ages onwards, for example in
1230-483: Is expected for prosecutors and administrative officials). Defense attorneys are grouped into divisions of their local or state bar associations in which membership is mandatory. If a defendant is convicted, the court will usually credit the period of pre-trial confinement as part of the sentence. Sentences can range from one month to life, and typically do not exceed 15 years. Defendants sentenced to life in prison can typically apply for parole after 15 years, and if
1312-424: Is laid down in the federal constitution (article 97 para. 1) only refers to the judicial decision-making process of any individual judge, not to the judicial power as a whole. In line with this, the courts are administrative bodies subordinate to the respective department of justice, special rules only applying to the judicial decision-making process and the status of the judges. All professional judges are members of
1394-402: Is regarded as a threat to judicial independence that with a view to their personal career judges might be inclined to specially regard possible political effects of their decisions or may choose to support a political party. Federal judges are picked in an in camera procedure by a body composed of a Minister of the federal state, federal MPs and ministers of the states (article 95 para. 2 of
1476-495: Is the supreme constitutional court established by the constitution or Basic Law of Germany . Since its inception with the beginning of the Federal Republic of Germany, the court has been located in the city of Karlsruhe —intentionally in a certain geographical distance from the other federal institutions in Berlin (earlier in Bonn ), Munich , and Frankfurt . The sole task of the court
1558-710: The Landgerichte . The jury system was implemented in the German Empire by the Gerichtsverfassungsgesetz (GVG) of 27 January 1877 with the jury court ( Schwurgericht ) consisting of 3 judges and 12 jurymen. During a state of emergency under Article 48 (of the Weimar Constitution ), and about one month before the trial of Adolf Hitler February 1924 for the Beer Hall Putsch of November 1923,
1640-577: The Amtsgericht composed of a single judge. Specialized courts deal with five distinct subject areas: administrative, labour, social, fiscal, and patent law. Like the ordinary courts, they are organized hierarchically with the state court systems under a federal appeals court. Each one of the Länder has its own state constitutional court (see e.g. the Constitutional Court of the State of Berlin or
1722-680: The Allied occupation of Germany from 1945 to 1949. It was then replaced by the Basic Law for the Federal Republic of Germany ( West Germany until 1990, then reunited Germany ) and the Constitution of the German Democratic Republic ( East Germany ). The constitution's title was the same as the Constitution of the German Empire that preceded it. The German state's official name was German Reich ( Deutsches Reich ) until 1949. After
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#17328527836661804-508: The Constitutional Court of Saxony ). These courts are administratively independent and financially autonomous from any other government body. For instance, a state constitutional court can write its own budget and hire or fire employees, powers that represent a degree of independence unique in the government structure. The courts of each state are also directly authorized by the Basic Law for the Federal Republic. The Federal Constitutional Court ( Bundesverfassungsgericht , or BVerfG )
1886-511: The Emminger Reform (a Notverordnung , or emergency decree) was passed in January 1924 abolishing juries and replacing them with the mixed system of judges and lay judges that is still used today. Germany's legal system is a civilian system whose highest source of law is the 1949 Basic Law for the Federal Republic of Germany (which serves as the nation's constitution), which sets up
1968-621: The Reichstag , was elected by universal suffrage using proportional representation . The appointed upper house, the Reichsrat , represented the interests of the federal states. The president of Germany had supreme command over the military, extensive emergency powers, and appointed and removed the chancellor, who was responsible to the Reichstag. The constitution included a significant number of civic rights such as freedom of speech and habeas corpus . It guaranteed freedom of religion and did not permit
2050-748: The Versailles Treaty . The initial draft of the constitution was written by the lawyer and liberal politician Hugo Preuss , who headed the Ministry of the Interior. He based his draft in large part on the Frankfurt Constitution of 1849 which was written after the German revolutions of 1848–1849 and intended for a unified Germany that did not come to pass at the time. He was influenced as well by Robert Redslob's theory of parliamentarianism, which called for
2132-590: The Wilsonian principle of the self-determination of peoples. Articles 68 to 77 specified how legislation was to be passed into law. Laws could be proposed by a member of the Reichstag or by the Reich government and were passed on the majority vote of the Reichstag. Proposed legislation had to be presented to the Reichsrat, and the latter body's objections were required to be presented to the Reichstag. The Reich president had
2214-477: The defendant or defense counsel . In Germany, the independence of the judiciary is historically older than democracy. The organisation of courts is traditionally strong, and almost all federal and state actions are subject to judicial review. Judges follow a distinct career path. At the end of their legal education at university, all law students must pass a state examination before they can continue on to an apprenticeship that provides them with broad training in
2296-413: The economic freedom of the individual. The Reich protected labor, intellectual creation, and the rights of authors, inventors, and artists. The right to form unions and to improve working conditions was guaranteed to every individual and to all occupations, and protection of the self-employed was established. Workers and employees were given the right to participate, on an equal footing with employers, in
2378-787: The Chamber for International Commercial Disputes of the Landgericht Frankfurt am Main was established. There is also the Commercial Court based in Stuttgart and Mannheim specializing in major commercial and international disputes. Trial courts in criminal matters are composed of: The appellate courts in criminal matters are composed of: For a comparison of the relative activity of the ordinary courts , in 1969 there were 468,273 criminal cases in Germany, and 388,619 or 83% of these were held in
2460-499: The German states was likewise a citizen of Germany. Germans had the right of mobility and residence, and the right to acquire property and pursue a trade. They had the right to emigrate and to government protection against foreign authorities. The "traditional development" ( volkstümliche Entwicklung ) of foreign language communities in Germany was protected, including the right to use their native language in education, administration, and
2542-564: The Länder's constitutional courts: The main difference between the Federal Constitutional Court and the Federal Court is that the Federal Constitutional Court may only be called if a constitutional matter within a case is in question (e.g., a possible violation of human rights in a criminal trial), while the Federal Court of Justice may be called in any case. Only the Constitutional Court can declare an Act of Parliament invalid. Ordinary courts are
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2624-412: The Reich was allowed to either legislate or prescribe fundamental principles, notably "taxation and other revenues in so far as they are claimed in whole or in part for its purposes". With the exceptions of the subjects for which the Reich government had exclusive jurisdiction, the states could pass legislation for their respective territories as they saw fit. Reich law superseded or nullified state law in
2706-519: The Reichsrat by votes corresponding in number to its population". The Republic of German-Austria had been established after the dissolution of Austria-Hungary from the predominantly German-speaking regions of the former empire. Hugo Preuss publicly criticised the Triple Entente 's decision in the Treaty of Versailles to prohibit the unification of " Greater Germany ", saying that it was a contradiction of
2788-470: The Weimar Constitution provided for the orderly transition to the new constitution and stipulated in some cases when the various provisions of the new constitution were to take effect. In cases where legislation had yet to be passed (such as the laws governing the new Supreme Judicial Court), the articles stipulated how the constitutional authority would be exercised in the interim by existing institutions. The section also stipulated that new bodies established by
2870-483: The age of 25 or over the age of 69, or individuals working in the court system in a professional capacity (such as lawyers and judges). In addition, individuals over the age of 65 may refuse to serve, as may, for instance, members of federal or state legislatures, doctors, nurses, and those who have served as lay judges in the preceding term. Applications to become lay judges can be made by interested citizens and local governments will typically encourage applications before
2952-472: The application is rejected, the defendant can re-apply after a set period no longer than two years. If the court determines that there is a "severe gravity of guilt", parole can be delayed for a non-specific period beyond 15 years. In addition to reducing an offender's sentence, Germany's corrections system has a form of punishment called suspended sentencing. Depending on the crime, some sentences can take away jail or prison time and replace it with probation. If
3034-416: The bench is not only accepted but encouraged so as to allow for the greatest amount of experience. A lawyer can only qualify as a defense attorney if they fulfill/possess the so-called Befähigung zum Richteramt . This translates literally as "aptitude to be a judge"; however, the basic meaning is to have successfully completed a study of law at roughly a master's degree level, being finally examined by
3116-419: The chancellor and, on the chancellor's recommendation, the members of the cabinet. The chancellor determined the political guidelines of his government and was responsible to the Reichstag. The chancellor and ministers were compelled to resign in the event the Reichstag passed a vote of no confidence . It was not, however, a constructive vote of no confidence , which requires that there be a positive majority for
3198-418: The confidence of the respective state parliament. Articles 20 to 40 described the national parliament, the Reichstag , which was seated in the capital, Berlin. The Reichstag was composed of representatives elected by the German people by an equal and secret ballot open to all Germans over 20 years of age. Proportional representation principles governed Reichstag elections. Members of the Reichstag represented
3280-546: The constitution, members – except for the Prussians who were provincial representatives – were considered to be bound by the instructions of their respective state governments. Government ministers were required to inform the Reichsrat of proposed legislation or administrative regulations to permit the Reichsrat to voice objections. Article 61 stated that " German Austria , after union with the German Reich, shall be represented in
3362-581: The constitution. Constitutional amendments or changes passed by the Parliament are subject to its judicial review, since they have to be compatible with the most basic principles of the Grundgesetz (per the " eternity clause "), those being the principles of human dignity , unalienable human rights , democracy , republicanism , social responsibility , federalism and separation of powers . The court's practice of enormous constitutional control frequency on
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3444-478: The constitutional court is not an integral stage of the judicial or appeals process (aside from in cases concerning constitutional or public international law), and does not serve as a regular appellate court from lower courts or the Federal Supreme Courts on any violation of federal laws. The court's jurisdiction is focused on constitutional issues and the compliance of all governmental institution with
3526-431: The court as well as those sentences between six months to a year unless it is "necessary for the person to serve the sentence to preserve legal order". After an offender serves two thirds of their prison sentence, it is possible to have their sentence suspended. The process for having a sentence suspended after serving time is the same as applying for parole. It is also possible for offenders serving life sentences to receive
3608-562: The demise of the Weimar Republic and the rise of Nazi Germany . The preamble to the Constitution reads: The German people united in every respect and inspired by the determination to restore and confirm the Reich in liberty and justice, to serve peace at home and peace abroad, and to further social progress, has given itself this constitution. The first part of the constitution specified
3690-512: The end of World War I , the government of Imperial Germany collapsed during the early days of the German revolution of 1918–1919 . In the following months, the far left parties that fought to establish a soviet republic were defeated by those of the moderate left that wanted a parliamentary republic. The victorious parties, led by Friedrich Ebert of the Social Democrats (SPD), scheduled an election on 19 January 1919 – in which women for
3772-413: The entire nation and were bound only to their own conscience. Members served for four years. The Reichstag could be dissolved by the Reich president, and new elections had to be held not more than 60 days after the date of dissolution. Members of the Reichstag and of the state parliaments were immune from arrest or investigation of a criminal offense except with the approval of the legislative body to which
3854-544: The establishment of a state church. The constitution contained a number of weaknesses which, under the difficult conditions of the interwar period, failed to prevent Adolf Hitler from setting up a Nazi dictatorship using the constitution as a cover of legitimacy. Although it was de facto repealed by the Enabling Act of 1933 , the constitution remained technically in effect throughout the Nazi era from 1933 to 1945 and also during
3936-577: The event of a conflict. Adjudication of conflicts between a state and the Reich government fell under the jurisdiction of the Supreme Judicial Court. States were required to have a republican constitution and its authorities to enforce Reich law. Each state parliament ( Landtag ) was to be elected by equal, secret, direct and universal (both men and women) ballot according to the principles of proportional representation . Each state government (the "state ministry") could serve only so long as it had
4018-435: The extent of common law systems. In contrast to the adversarial system used by common law countries, the German system of criminal (and administrative) procedure is inquisitorial . Rather than allowing cross-examination between the defense and prosecutors, the judges conduct the majority of the trial. During a trial, the parties are expected to give all their evidence to the judges, who will then call forward and question
4100-406: The federal constitution). Candidates do not have to be professional judges, but must be lawyers. There are neither public hearings, nor would the identity of any candidate even be disclosed to the public. Judicial members of the federal constitutional court are elected in turns by the federal chambers (article 94 of the federal constitution). This decision requiring a large majority, it usually follows
4182-503: The first president of Germany , signed the Weimar Constitution on 11 August 1919, and it became effective on the 14th. A federal election was held on 6 June 1920 for the new Reichstag . The Weimar Constitution was divided into two main parts or chapters. They in turn were divided into seven and five sections respectively. In all, there were 181 articles in the constitution. Some of the more noteworthy provisions are described below, including those provisions which proved significant in
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#17328527836664264-454: The first time had equal voting rights with men – for a national assembly that was to act as Germany's interim parliament and draft a new constitution. Because conditions in Berlin were still unsettled, the delegates met at Weimar . Ebert wanted the victorious Allies to be reminded of Weimar Classicism , which included the writers Goethe and Schiller , while they were deliberating the terms of
4346-469: The government. In private schools operated by religious communities, religious instruction could take place in accordance with the religious community's principles. Constitutional provisions about economic affairs were given in Articles 151 to 165. One of the fundamental principles was that economic life should conform to the principles of justice, with the goal of achieving a dignified life for all and securing
4428-582: The high threshold for inclusion on the municipal council lists, in practice these lists are first compiled by municipal bureaucracies and the political parties in Germany , but some municipal councils rely on registers of residents and generate names randomly. The selection committee consists of a judge from the Amtsgericht , a representative of the state government, and ten "trusted citizens" ( Vertrauenspersonen , German: [fɛɐ̯ˈtʁaʊ̯ənspɛʁˌzoːnən] ) who are also elected by two thirds of
4510-414: The individual rights of Germans, the principal tenet being that every German was equal before the law. Men and women had "in principle" the same civil rights and duties. Privileges based on birth or rank – that is, the German nobility – were abolished. Official recognition of the titles of nobility ceased, except as a part of a person's name, and creation of noble titles was discontinued. A citizen of any of
4592-402: The judicial system. Other specific articles stated that: Articles 119 to 134 guided Germans' interaction with the community and established, among other provisions, that: The religious rights of Germans were enumerated in Articles 135 to 141. Residents of Germany were granted freedom of belief and conscience. Free practice of religion was guaranteed and protected by the state. No state church
4674-466: The law. Extraordinary courts were prohibited and military courts allowed only during wartime and aboard warships. The section required that laws be promulgated to establish a Supreme Judicial Court and administrative courts to adjudicate disputes between citizens and administrative offices of the state. The law to set up the Supreme Judicial Court ( Staatsgerichtshof für das Deutsche Reich )
4756-405: The legal profession over two years. They then must pass a second state examination that qualifies them to practice law. At that point, the individual can choose either to be a lawyer or to enter the judiciary. Judicial candidates start working at courts immediately. However, they are subjected to a probationary period of up to five years before being appointed as judges for life. The judicial system
4838-524: The methods by which the Reich government administered the constitution and laws, particularly in the areas where the Reich government had exclusive jurisdiction – foreign relations, colonial affairs, defence, taxation and customs, merchant shipping and waterways, railroads and so forth. Articles 102 to 108 established the justice system of the Weimar Republic. The principal provision mandated judicial independence – judges were responsible only to
4920-542: The modern judiciary, but the law adjudicated in court comes from the German Codes; thus, German law is primarily codal in nature. The court system adjudicates (1) public law ( öffentliches Recht ), that is, administrative law (civil-government litigation or litigation between two government bodies) and criminal law , and (2) private law ( Privatrecht ). German law—especially private law—is mainly based on early Byzantine law , specifically Justinian's Code , and to
5002-520: The most numerous by far. Currently there are 828 ordinary courts (687 local, 116 regional, 24 appellate, one federal), 142 labour courts (122 local, 19 appellate, one federal), 69 administrative courts (52 local, 16 higher, one federal), 20 tax courts (19 local, one federal), 86 social courts (69 local, 16 appellate, one federal) and 17 constitutional courts (16 State Constitutional Courts, one Federal Constitutional Court). More recently, specialized commercial courts have been created. In January of 2018,
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#17328527836665084-406: The municipal council. Lay judges have historically been predominantly middle-aged men from middle-class backgrounds; more recently, the share of male and female judges was about the same. A study conducted in 1969 found that, of the lay judges in its sample, approximately 25% were civil service employees, compared to only about 12% from blue-collar backgrounds. A study published in 2009 put
5166-405: The one hand, and the continuity in judicial restraint and political revision on the other hand, have created a unique defender of the Grundgesetz since World War II and given it a valuable role in Germany's modern democracy. The federal courts are administered by the federal government; all the other courts belong to a state and are administered by it. The independence of the judiciary that
5248-400: The operation of educational institutions within the Reich. Public education was provided by state institutions and regulated by the government, with cooperation between federal, state and local authorities. Primary school was compulsory (eight years), with advanced schooling available to age 18 free of charge. The constitution also provided for private schooling, which was likewise regulated by
5330-402: The organization of the various parts of the federal government. Section 1 consisted of Articles 1 to 19 and established the German Reich as a republic whose power derived from the people. The Reich was defined as the region encompassed by the German states; other regions could be incorporated into the Reich based on popular self-determination and corresponding Reich legislation. (Germany received
5412-486: The person belonged. The same approval was required for any other restriction on personal freedom which might harm the member's ability to fulfil his duties. Articles 41 to 59 describe the duties of the president, including the qualifications for the office. They also explain his relationship to the national ministry (cabinet) and the chancellor . The president served a term of seven years and could be re-elected once. He could be removed from office by referendum following
5494-418: The power to decree that a proposed law be presented to the voters as a referendum before taking effect. The Reichsrat was entitled to object to laws passed by the Reichstag. If the objection could not be resolved, the Reich president at his discretion could call for a referendum or let the proposed law die. If the Reichstag voted to overrule the Reichsrat's objection by a two-thirds majority, the Reich president
5576-410: The president, chancellor, or any minister of willful violation of the constitution or Reich law, with the case to be tried in the Supreme Judicial Court. Section 4 consisted of Articles 60 to 67 and established the Reichsrat (State Council). The Reichsrat was the means by which the states participated in legislation at the national level. The number of members was based on the states' populations, with
5658-462: The proportions at 27% civil service employees versus 8% of the general population and noted the relatively high numbers of housewives , the relatively low number of private sector employees, and the relative old age of lay judges. Public prosecutors, who earn as much as judges, are nonetheless simple ordinary servants lacking the independence of the Bench. The switching between prosecutorial office and
5740-412: The regulation of wages and working conditions as well as in economic development. The Reich reserved the right to "transfer to public ownership private economic enterprises suitable for socialization". It undertook to provide comprehensive insurance for health, maternity and old age. Workers were to be given legal representation on factory workers' councils. The final 16 articles (Articles 166 to 181) of
5822-476: The restriction that no state could have more than two-fifths of the total – a provision that limited only Prussia 's influence since it had three-fifths of Germany's population. Members of the Reichsrat were required to be members the state ministries, with the exception again of Prussia, half of whose members had to be appointed from among the Prussian provincial administrative authorities. Although not specified in
5904-410: The selection procedure. Weimar Constitution The Constitution of the German Reich ( German : Die Verfassung des Deutschen Reichs ), usually known as the Weimar Constitution ( Weimarer Verfassung ), was the constitution that governed Germany during the Weimar Republic era (1919–1933). The constitution created a federal semi-presidential republic with a parliament whose lower house,
5986-544: The state itself ( Staatsexamen ), and to have served for two years as an associate to different lawyers from each of their most popular occupations (attorney, judge, administrative official, etc.; this is called the Referendariat ). However, to actually become a judge, besides the Befähigung zum Richteramt the expectations include outstanding results in the respective exams, which is not expected for attorneys (but, roughly,
6068-503: The states there is some kind of a parliamentary body that needs to be heard or even has a say in some of the decisions on careers of individual judges ( Richterwahlausschuss ). The mostly decisive influence of the administration on the career of judges is exceptional in continental Europe, where mostly bodies of judges, elected by and within the judiciary take this kind of decision (e.g., France: conseil superieur de la magistrature , Italy: consiglio superiore della magistratura ). By some it
6150-418: The terms of the Treaty of Versailles, which reduced its land area and population by 13% and 12% respectively, on 7 May 1919, while the constitution was being debated in the National Assembly.) Section 1 also established that generally recognized principles of international law were binding on Germany and gave the Reich government exclusive jurisdiction of: Articles 7 through 11 listed many more areas in which
6232-486: The title Landgericht . If an internal link led you here, you may wish to change the link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Landgericht&oldid=1052839724 " Category : Disambiguation pages Hidden categories: Short description is different from Wikidata All article disambiguation pages All disambiguation pages Landgericht (Germany) The German legal system
6314-415: The use of armed force and/or the suspension of civil rights – to restore law and order in the event of a serious threat to public safety or security. Since Article 50 required all of the president's decrees to be counter-signed by the chancellor or "competent national minister", use of Article 48 required agreement between president and chancellor. The president was also required to inform the Reichstag of
6396-498: The use of such measures, and the Reichstag could nullify the decree. In 1933 President Paul von Hindenburg and Chancellor Adolf Hitler , using Article 48 as the basis for the Reichstag Fire Decree , legally swept away most of the key the civil liberties granted in the Weimar Constitution and thereby facilitated the establishment of a dictatorship. The president had supreme command over the military and appointed and removed
6478-562: The witnesses, after which the defense counsel and prosecutor may question the witnesses. The primary legislation concerning court organization is the Courts Constitution Act ( Gerichtsverfassungsgesetz , or GVG ). The courts are characterized by being specialist, regional, and hierarchically integrated at the federal level. There are five basic types of courts, plus the Federal Constitutional Court and
6560-512: Was established. The exercise of civil and civic rights and admission to state office were independent of one's religious beliefs. Public declaration of religious beliefs was not required, and no one was forced to join in a religious act or swear a religious oath. Five articles from this section of the Constitution (Nos. 136–139 and 141) were incorporated into the Basic Law of the Federal Republic of Germany (passed in 1949) and remain constitutional law in Germany today. Articles 142 to 150 guided
6642-501: Was obligated to either proclaim the law into force or to call for a referendum. Constitutional amendments were proposed as ordinary legislation, but for such an amendment to take effect, it was required that two-thirds or more of the Reichstag members be present and that at least two-thirds of the members present vote in favor of the legislation. The Reich government had the authority to establish administrative regulations unless Reich law specified otherwise. Articles 78 to 101 described
6724-503: Was passed in July 1921. The second part of the Weimar Constitution laid out the basic rights and obligations of Germans. The German Civil Code of 1900, which included sections on personal rights and domestic relations, remained in effect. The constitution guaranteed individual rights such as freedom of speech and assembly to each citizen. They were based on the provisions of the earlier constitution of 1848 . Articles 109 to 118 set forth
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