Marshall in Weimar? Judicial review in the inter-war Germany
DOI:
https://doi.org/10.17811/hc.v0i22.680Keywords:
judicial review, Weimar Republic, fundamental rights, private property, essence of a rightAbstract
This paper discusses the origin of a diffuse and incidental judicial review over federal statutes in the Weimar Republic. Therefore, the exposition has been divided into three parts. The first defines the subject matter of this contribution. The second part begins by setting out the legal and political context of the aforementioned manifestations, and then analyses the case law that led to the famous Reichsgericht’s decision on 4 November 1925. This judgement signified the consolidation of the judicial review in Germany and may be interpreted as the result of a confluence: a case law increasingly sensitive to formal constitutional problems converged with concerns about the challenges for private property arising from the great inflationary crisis. The work concludes by assessing the constitutional balance achieved by the Republic’s highest court after the hesitating reasonings of the lapse between 1921 and 1924.
Enviado el (Submission Date): 03/07/2020
Aceptado el (Acceptance Date): 8/10/2020
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