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> The Bundesverfassungsgericht stands beside all those Good choice of words. They are all called highest courts (höchste Gerichte). The BVerfG concerns only th
by contoraria 8y ago
> The Bundesverfassungsgericht stands beside all those
Good choice of words. They are all called highest courts (höchste Gerichte). The BVerfG concerns only those cases in which a fundamental right (Grundrecht) is concerned, as outlined in what would be called a constitution (even if some would debate that it shouldn't be called, and isn't actually named, "Verfassung").
> It‘s also the only court whose decisions themselves carry the force of law.
This is not true. The decisions of higher courts can carry the force of law. At the very least, Proceedings before the BVerfG don't suspend the force of a challenged sentence.
Unless you are able to, and the BVerfG willing to admit a breach of fundamental right, the court is rather inconsequential -- if you are even in a position to challenge. I doubt that the judicative making law as if it was the legislative branch, is seen as fundamental breach.
The romantic view of the separation of powers does not reflect reality very well. Single sentences of the lowest courts can be seen as laws on an individual basis. Saying they had to follow the law is shifting the goal post to defining what a proper law is (a problem that should be interesting to programmers).
By the way, there are also Landesverfassungsgerichte for each member state of the federation. But only the BVerfG has power to demand legislature be changed.