By Howard D. Fisher
This booklet explains the constitution and terminology of a few of the most parts of German private and non-private law. Amid the expanding complexity of overseas felony family, the e-book presents an organization reference aspect for these local English audio system who take care of felony issues in Germany, should you desire to grab the nettle of the complex German criminal procedure and language for the 1st time and in case you goal to qualify as German attorneys.
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Additional info for The German Legal System and Legal Language
Example text
The judicature: Articles 92–104 (entitled Die Rechtsprechung)4 X. Finances: Articles 104a–115 (entitled Das Finanzwesen)5 XI. 6 B. 7 It is often important to establish whether a particular norm is valid (gültig)/constitutional (verfassungsgemäß). The judiciary (which is independent: Article 97(i) GG) has the right to check whether this is so (richterliches Prüfungsrecht). 8 The following questions arise: — What sort of norm is involved? It may form part of a Gesetz (statute), a Rechtsverordnung (statutory regulation) or a Satzung (bye-law).
2 Certain of the basic rights benefit only Germans (Articles 8(i), 9(i), 11(i) and 12(i) GG). Despite the precedence of federal laws over those of the Länder (Article 31 GG; Bundesrecht bricht Landesrecht), those basic rights also contained in constitutions of the Länder remain in force so far as they accord with Articles 1–18 GG (Article 142 GG). 4 The basic rights are principally regarded as (subjective) defensive rights (Abwehrrechte) against attacks (Eingriffe) by the state. 8 24 The German Legal System and Legal Language B.
Is it a separate factor? Is there such a thing as non-law (Unrecht)? Who has the authority to decide what law is? What does the judge consider to be (the function of) law?