Foreword

Authors

Donald P. Kommers, Notre Dame Law SchoolFollow

Document Type

Response or Comment

Publication Date

1987

Publication Information

62 Notre Dame L. Rev. 501 (1987)

Abstract

Professor Zeidler's article appears in the sixty-second volume of the Notre Dame Law Review, in English, for the first time. It is the most comprehensive and up-to-date treatment of the Federal Constitutional Court's decisional procedures to appear so far in an American law review. It should interest students of comparative constitutional law as well as American scholars alarmed by the United States Supreme Court's claims to finality or exclusivity in constitutional interpretation. By the use of certain decisional modes described by President Zeidler, the German Court provides the legislature with considerable leeway in meeting its constitutional obligations. In doing so the Court does not close off the search for a better ordering of constitutional values by democratic means. It does not foreclose further debate or action with respect to a matter of doubtful constitutionality. It fosters instead a creative constitutional dialogue between itself and parliament.

Comments

Reprinted with permission of the Notre Dame Law Review.

Recommended Citation

Donald P. Kommers, Foreword, 62 Notre Dame L. Rev. 501 (1987).
Available at: https://scholarship.law.nd.edu/law_faculty_scholarship/216