Judicial Independence in Germany

  • Anja Seibert-Fohr
Part of the Beiträge zum ausländischen öffentlichen Recht und Völkerrecht book series (BEITRÄGE, volume 233)


Judicial independence has played an important role in building a democratic order in the Federal Republic of Germany since the end of the Third Reich.1 The Basic Law of 1949 (Grundgesetz) with its elaborate rights catalogue was a reaction to the Nazi dictatorship which had used the judiciary to pursue its inhuman policies.2 In order to protect these fundamental rights in the future the new constitution provided for the separation of powers and gave the judiciary an independent supervisory function. Since then judges have been entrusted with the role of defending the Basic Law, including its rights catalogue, against government encroachments.


Judicial Review Judicial Independence Democratic Accountability Federal Constitutional Judicial Office 
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Copyright information

© Max-Planck-Gesellschaft zur Förderung der Wissenschaften e.V. 2012

Authors and Affiliations

  • Anja Seibert-Fohr
    • 1
  1. 1.Minerva Research Group, Max Planck Institute (MPIL)HeidelbergGermany

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