
Contents
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Introduction Introduction
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Two or three tiers? Two or three tiers?
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The division of legislative, executive, and judicial powers The division of legislative, executive, and judicial powers
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Division of legislative powers between the federal and Land governments Division of legislative powers between the federal and Land governments
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The general provisions of Article 70 The general provisions of Article 70
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Exclusive federal powers Exclusive federal powers
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Concurrent powers Concurrent powers
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Framework legislation Framework legislation
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Administration in the German federal system Administration in the German federal system
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Article 83 and “dual federalism” Article 83 and “dual federalism”
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The administration of Federal and Land laws The administration of Federal and Land laws
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Federal-Land cooperation Federal-Land cooperation
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Cooperation among the Länder Cooperation among the Länder
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A “unitary federal state” through interlocking, intergovernmental relations? A “unitary federal state” through interlocking, intergovernmental relations?
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Organization of the judiciary Organization of the judiciary
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The federal court system The federal court system
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Land courts Land courts
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Conclusion Conclusion
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Notes Notes
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2 Theory and constitutional framework of German federalism
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Published:July 2003
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Abstract
As in the case of the American states, the Länder in Germany existed before the federation. But, unlike the United States, there is no legal controversy in Germany over the role of the states as opposed to the ‘people’ in creating the federation. Representatives from the Länder met at Herrenchiemsee in 1948 to draft the new constitution and formed the Parliamentary Council, which negotiated with the Allies over the final text in 1949. The German Constitution, or Basic Law, was then approved by the parliaments of the Länder (except Bavaria) rather than by popular referendum. This chapter explores the theory and constitutional framework of German federalism, first considering the controversy over the location of sovereignty between two tiers of government or, at the very least, over the proper distribution of powers between them. It then discusses the separation of powers between the legislature, executive and judiciary, and finally examines the organisation of the judiciary.
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