CCR №6(109) 2015
The constitutional foundationsof german federalism

Abstract

The article analyzes the conceptual foundations of German federalism as well as reflections by German scholars on respective constitutional shaping of the Bundesrepublik. The author presents a broad study of the existing views of the mainstream German constitutionalists on the concept of federation, the legal nature and characteristics of the constitutional and legal status of the member states (Länder). In particular, the article explores some doctrinal elements of the approach of the Federal Constitutional Court to the issues of federalism. They, generally, are based on concepts, which were originally developed within German theory of the three elements (Drei-Elementen-Lehre). This theory sees each member state (Bundesländer) as a unity of the state authority, territory and population. In the same vein, it considers a federation as an integrated entity of the state under centralized authority, commonwealth and a number of single member states (Länder). Finally, the author presents some thoughts about the possibilities and limits of experience, scientific approaches and the some elements of the doctrine of the German federalism when addressing to issues of federal relations within the Russian Federation

About the author:
Salenko V. Alexander – Associate Professor of International and European Law, Law Institute of Immanuel Kant Baltic Federal University, Candidate of Science (Ph.D.) in Law

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