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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Lüth Case (Ger)

Stephan Jaggi

Subject(s):
Judicial review of legislation — Judicial independence — Judicial review

Published under the direction of the Max Planck Foundation for International Peace and the Rule of Law.
General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.

1. The Federal Constitutional Court of Germany’s (Bundesverfassungsgericht) (BVerfG) Lüth decision of 15 January 1958 must be viewed against the historical background of a Weimar Republic Constitution that was silent on the question of substantive, as opposed to procedural, judicial review of federal laws ( Lenoir 365, 366 ). A lively debate on the topic as well as the Reichsgericht’s attempt in 1929 to establish substantive judicial review by, for the first time, holding a federal statute unconstitutional were cut short by Hitler’s ascent to power on 30 January...
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