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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Lüth Case (Ger)

Germany [de]

Stephan Jaggi

Content type:
Encyclopedia entries
Product:
Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]
Article last updated:
May 2016

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 11 December 2024

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

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum
Managing Editor: Martina Mantovani

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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