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Court doesn't outlaw anything. They interpret laws. Lawmakers should change these laws.
by madsbuch 7y ago
Court doesn't outlaw anything. They interpret laws. Lawmakers should change these laws.
- MauranKilom 7y agoThe German legal system to a large degree has the extent and actual interpretation of the written laws determined by case law. I don't know if this is a landmark case, but if it is (which I would assume) then this is very much outlawing this practice.
- em-bee 7y agothat is not correct. germany does not use the common law system where case law is binding, but the civil law system where each case is taken on its own merrits against the law as it is written. past cases are only used as advice to help interpret a new case, but judges have the freedom to not follow that advice.
- noarchy 7y agoDepending on the ruling, this is a distinction without a difference.