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The Basic Law’s expansive language, and the functional interpretive approach applied by the German Constitutional Court, means that judges could do a lot to ove
by rayiner 1y ago
The Basic Law’s expansive language, and the functional interpretive approach applied by the German Constitutional Court, means that judges could do a lot to overrule the legislature if they chose to do so. Generally, they have not done so.
But, for example, the German Constitutional Court declared legalized abortion to be a violation of the Basic Law’s right to life (though it permitted circumstantial exceptions to whether punitive measures were required for such violations): https://en.wikipedia.org/wiki/German_Constitutional_Court_abortion_decision,_1975 https://en.wikipedia.org/wiki/German_Constitutional_Court_ab....
I would suggest the Germans decline to take a page from the Americans here and not read the Basic Law for all it could be read to mean.