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Article 21(2) of the Basic Law gives the Constitutional Court the power to ban political parties that either threaten the existence of Germany or "seek to undermine or abolish the free democratic basic order". A complaint may be filed by the federal government, or by a majority of the Bundestag or Bundesrat.
Germany's legal system is a civilian system whose highest source of law is the 1949 Basic Law for the Federal Republic of Germany (which serves as the nation's constitution), which sets up the modern judiciary, but the law adjudicated in court comes from the German Codes; thus, German law is primarily codal in nature.
The Basic Law for the Federal Republic of Germany [1] (Grundgesetz für die Bundesrepublik Deutschland) is the constitution of the Federal Republic of Germany.. The West German Constitution was approved in Bonn on 8 May 1949 and came into effect on 23 May after having been approved by the occupying western Allies of World War II on 12 May.
In Germany, federal courts (German: Bundesgerichte pronounced [ˈbʊndəsɡəˌʁɪçtə] ⓘ, singular Bundesgericht) are courts which are established by federal law.. According to article 92 of the Basic Law for the Federal Republic of Germany, the judiciary power is exercised by the Federal Constitutional Court, the federal courts provided for in the Basic Law, and the courts of the Länder ...
The Jurisdiction of the court and its powers are defined in the fifth section of the state constitution. The constitutional court shall adjudicate: [9] [10] [11] on the interpretation of the constitution on the occasion of disputes about the scope of the rights and obligations of a top-level state authority or of other parties who have been provided with their own rights by virtue of this ...
The Federal Constitutional Court (German: Bundesverfassungsgericht, usually abbreviated BVerfG) is the federal constitutional court of Germany. It is the highest independent constitutional organ of the German judiciary, ranking equally with the other supreme federal courts, and is – at the same time – the highest federal court in Germany.
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional , i.e. whether they conflict with constitutionally established rules, rights, and freedoms, among other things.
The constitution (Grundgesetz) of the Federal Republic of Germany establishes a separate Federal Constitutional Court of Germany (Bundesverfassungsgericht) that is empowered with reviewing acts of the legislature (which mainly refers to the Federal Republic's Congress – the Bundestag and Bundesrat) for their constitutionality.