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Reddit mentions of The Constitutional Jurisprudence of the Federal Republic of Germany, 2nd ed.

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Reddit mentions: 1

We found 1 Reddit mentions of The Constitutional Jurisprudence of the Federal Republic of Germany, 2nd ed.. Here are the top ones.

The Constitutional Jurisprudence of the Federal Republic of Germany, 2nd ed.
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Found 1 comment on The Constitutional Jurisprudence of the Federal Republic of Germany, 2nd ed.:

u/AssuredlyAThrowAway · 1 pointr/politics

As of right now I do think the pre-marbury balance of powers was pretty good for preserving a stable Union against the undue influence of monied interests. If you look at the history of this Republic you'll see that most nefarious malfeasance comes through the judiciary, in particular the power of judicial review.

As such I would recommend splitting the contemporary powers of the federal judiciary into "constitutional review" and "judicial review". Here's a great book on how that system currently works to dispel the influence of monied faction in the annals of higher lawmaking of Germany post 1949. The reason why it is necessary to actively guard against monied influence in tracts of lawmaking is that Constitutional Dualism means that precedent has a very high standing in a judge's mind when it comes his turn to pass down law to the current generation, which means one slip and precedent can be used to usurp a Republic. We can see this manifest in the Lockner verdict, the Railroad cases consolidated under Santa Clara, Buckley v Valeo from 1978, Citizen United, etc.

I also think this distinction would be helpful if entrenched;

>The law distinguishes between a natural and legal person. A natural person is any human being, with legal capacity commencing from the time of birth. A legal (artificial) person is an association of people or special-purpose fund (e.g. a foundation) that is recognized by law as having legal personality. It differs from other associations of people in that it possesses legal capacity and can appear before the courts as plaintiff or defendant ("Parteifähigkeit", i.e. capacity to be a party in court). A legal person is separate and distinct in law from its members and from their number or changeover. It is an independent legal entity and is in principle protected by basic rights . Its particular name is also protected by law against unauthorized use by third parties. It has the capacity to act and can thus acquire rights and create obligations with binding effect. It does this through its organs, which in the sphere of private-law labour relations are, depending on the form of company , the shareholders' meeting or company general meeting , the supervisory board , the management board or a managing director . It is recognized in case law that a legal person is liable for unlawful conduct on the part of its organs and must pay damages where appropriate.

>There is a difference between a private-law and public-law legal person. The society or association (Verein) is regulated in the Civil Code as the basis of legal personality under private law. Other civil-law societies are the private limited company (GmbH), the registered co-operative society (eG), the public limited company (AG) and the partnership limited by shares (KGaA), all with their legal basis founded in separate statutes. Otherwise, in the absence of special regulations the provisions of the Civil Code and the Commercial Code are applied to supplement them. The state also can avail itself of a private-law legal person in executing its functions.

>Public-law legal persons exist by virtue of recognition under public law and can be established only by statute or by an act of sovereignty ( act of administration , executive order ) on the basis of a statute.

Republicanism is not dead, it just only works for those with money as it stands and that has to change. The rest of the dominoes will realign whence that has been finished.

You used to need a small and cogent constituency to make Republicanism work. The internet has changed all that. Great paper on that by my colleague here.