Budování nezávislého ústavního soudnictví v Německu v letech 1945–1949.

Abstract

Establishment of Independent Constitutional Judicial System in Germany in 1945-1949.

This essay focuses on the process of the creation of the constitutional judicial system in the Federal Republic of Germany. The Federal Constitutional Court has become a model for the creation of independent constitutional courts in the countries of the Central Europe, including the Czech Republic. The idea of constitutional judicial system was elaborated especially during the conference in Herrenchiemsee, which set basic institutional and competence pre-requisites for the creation of the Federal Constitutional Court. Suggestions of the Herrenchiemsee conference were developed by the Parliamentary Council which concluded its session by the adoption of the Grundgesetz as the constitution of the newly founded state. This essay shows that constitutional judicial system was expected to fulfill – according to politicians – substantively different tasks. Some of the leaders preferred the idea of a week institution, some of them wanted strong Constitutional Court. Even the competencies of the Constitutional Court were not defined in 1949 for some of the key competencies (e.g. constitutional complaint) were originally rejected. The essay describes also basic theoretical conflicts between lawyers who participated in the congress Herenchiemsee and members of the Parliamentary Council. It is possible to say that the Federal Constitutional Court of present time is one of the cornerstones of the constitutional system of the Federal Republic of Germany and that it deserves its denomination as “the guardian of the Constitution” especially thank to its persuasive and highly qualified decisions.

Keywords: Germany, iudicial system, constitution, Federal Constitutional Court, 1945-1949