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On the Constitutional Practice of German Equality

Author: ZhangLin
Tutor: ZhouYongKun
School: Suzhou University
Course: Legal Theory
Keywords: Germany Equality Constitutional Court Constitution practice
CLC:
Type: Master's thesis
Year: 2011
Downloads: 74
Quote: 0
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Abstract


In Germany,equal rights is a kind of basic rights, is also a direct effective laws, it can constraint legislative, administrative and judicial. Germany’s equal right is main a kind of defense right, its main purpose is for people to resist national public power demand equal treatment rights violations. Furthermore, Germany’s equal right or a claim and participate, and based on this point may require people by the nation’s welfare equal pay and equal use of public facilities, equal participation in public activities. In the 1950s, the German constitution practice sense of equality, from the core meaning already the equality of legal application to enact laws equality. In the 1980s, the meaning of the German equality from affairs-arbitrary formula to experience the principle of proportionate development course, but these two formulas in the constitution of equality still coexist in practice, and still plays an important role. The German constitution appeals for true people equality system provides solid system guarantee, as long as people think its equal basic public power right has been infringed, through the normal legal ways used is still not able to get relief circumstances, can directly to federal constitutional court for equality constitution appeals. The constitution in violation of the equal rights can be appeals court ruling, legal regulation, legislation not as filed. Germany’s equality in the normative content continuously constitutional practice by certain, but this sure is relative. In addition, the constitutional practice 0f German equality real let equality fresh rise, have a real life.

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