Dualism, the constitutional court in nature -- constitutional institutions and judicial institutions

   As the constitution of organization, personnel, financial independence independent constitutional court. The constitutional court judges are not belong to government ministries, including the Ministry of justice. The budget and the Parliament and the government budget is not the same. In addition, the constitutional court has the right to all the conference resolution form formulate internal rules.

   As the judicial institutions, strictly abide by the principles of constitutional court judge in accordance with the law ("the basic law" article 101st), different court authority and the personnel stipulated by law or by the Federal Constitutional Court rules. The law of three different court: Plenary Session (Plenum), the trial court (Senate) and division (Kammern). The plenary meeting "only in a trial court to change the position of justice" another court in a decision taken by the party to form (Basic Law Article sixteenth). The judgment shall be 2/3 above the judge agreed to by. In practice, the plenary session rarely make decision (from 1949 to 2002 at the end of the year, meeting only made 4 decisions). The tribunal has two, is the general form of constitutional court judges. Division of responsibilities between the tribunal is stipulated by laws and regulations. In practice, each court is the formal institutions, each year to a limited number of decisions (such as in 2002, the trial court has made 54 decisions). Each tribunal consists of eight judges. In each trial, six judges which must attend the hearing. Division was founded in 1956 (then known as the Commission). In accordance with the law, the trial court in each year, with several chambers (in practice, the court generally consists of three chambers composed, altered every three years). Each chamber review request or individual of a law judges the constitutionality of that their fundamental rights violated an action decision whether or not to accept the. Key division consideration is "request or litigation justifications".

   Two, the federal constitutional court permission

   "The basic law" the long list of the Federal Constitutional Court's jurisdiction. On the basis of the provisions of this law, the federal constitutional court permission to a total of eighteen, can be divided into three categories: related rights with respect to guarantee the good operation of public authority; legal rules on rights of constitutionality control; and power of judgment of constitutionality. In practice, a final authority of the federal constitutional court is the most important.

   (a) ensure good operation of the public power authority

   Permission to the constitutional court in this area mainly includes:

   (1) to solve the federal and state in the division of authority on the differences. "The federal constitutional court to rule on the divergence of views which appears in the respective rights and obligations of federal and state, especially in the state or federal federal rights exercised under the control of".

   (2) to resolve the conflict between constitution mechanism. The internal rules and scope of rights and obligations disputes and law or the highest federal agencies involved in the interpretation of the highest federal agencies are given the basic rights of litigation rights and obligations mechanism in the range, by the federal constitutional court. The federal constitutional court can accept and bring to the house of Lords or commons decided to charge, also can be accepted for the government or the federal president decided to challenge. The Federal Constitutional Court also generalized to explain "has specific authority organization", parliamentary groups and party also have the right to appeal to the constitutional court.

   (3) other authority in this field. As house election complaints, effective safeguard the constitution litigation etc..

   (two) the relevant legal rules on rights of constitutionality control

   Legal rules here (Normen) both by the parliamentary vote on laws, including the administrative regulations. Only in the international treaty into domestic law to become the legal rules. Budget and only become legal approval object can become the rule of law. Control of constitutionality of the rule of law as the control after the event, that is only in the law after the entry into force to expand constitutionality review. The Federal Constitutional Court has two kinds of mode of trial in constitutionality control: direct and indirect trial trial. The former is the abstract control. The Federal Constitutional Court in the two case of direct trial: Constitutional institutions (formal institution has the right to sue for the federal government, state governments and the house of Commons in 1/3 representative) to the legal procedure and legal violations of the basic rights of individuals to lift the person by direct action; the latter is the specific control, after that the Federal Constitutional Court in the common law courts have a rule of law the constitutionality of the referee and the acceptance of a case. The program is divided into two categories: if the courts think is suitable for the litigation case law unconstitutional and the law is in force in the basic law promulgated after, should be filed to the constitutional court before the award (Vorlage) v.. If the courts think 1949 law after a "basic law" provisions or of constitutionality control immediately prior to the regulations and laws of 1949, the general court shall make a judgment constitutional or unconstitutional. In this case, a party may be sentence to the constitutional court challenge.

   (three) the relevant authority judgment on the constitutionality of

   All have the basic right of the individual has the right to judge whether a constitutional objection, the federal constitution court is the "Supreme Court in fact". The exercise of this right of prosecution conditions is very simple: all avenues of appeal have been exhausted; sentence violates constitution violated a basic right of prosecution; an appeal must be made within one month after receiving the decision. The constitutional court as unconstitutional for all sorts of reasons: such as decision based on the laws of constitutionality is the judge mistakenly believe that the constitution or laws unconstitutional by judge wrongly think that constitutional interpretation; not the judges of the law applicable to give full consideration to the basic rights of accused person; the judge in exercising its discretion, not better abide by the basic rights (especially the existence of several basic rights case) etc..

   Three, the conclusion

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