FEDERAL CONSTITUTIONAL COURT

German Bundesverfassungsgericht, in Germany, special court for the review of judicial decisions, administrative decisions, and legislation to determine whether they are in accord with the Basic Law (constitution) of the country. While all German courts have the power to review the constitutionality of governmental action, the Federal Constitutional Court is the only court that may declare statutes unconstitutional under the Basic Law; the Lnder (states) have their own constitutional courts. The Federal Constitutional Court was set up in 1951. While the institution of judicial review had some limited precedent in German constitutional history, the far-reaching jurisdiction of the Federal Constitutional Court was influenced by the model of the United States Supreme Court and the Austrian Constitutional Court. The Federal Constitutional Court has two separate panels (senates), each with eight members and with jurisdiction over different areas of constitutional law. Judges are chosen from among members of the bar, the law faculties, the civil service, and politics for a nonrenewable 12-year term. Half the membership is elected by the Bundesrat, the other half by a special committee of the Bundestag. A tacit understanding among the major political parties prevents any party or coalition from determining the court's composition. The decisions of the court are binding on state and federal legislatures and on all other courts. Any individual may bring a constitutional complaint for an infringement of his basic rights. In any case in which there is doubt as to the constitutionality of a law, lower courts must stay the proceedings and submit a question to the Constitutional Court. A federal or Land (state) government or one-third of the members of the Bundestag may also petition the court on the constitutionality of a statute. In addition to dealing with questions of constitutionality and individual rights, the court settles disputes between the Lnder and the federal government, serves as a court for impeachment of the president and judges, and decides whether a political party is pursuing aims and using methods that conflict with the democratic order. The court hears an average of more than 1,700 cases a year; most of these are constitutional complaints by individuals, a form of action that is free of court costs and does not require counsel. The Federal Constitutional Court has come to occupy a focal position in the German governmental system and has contributed greatly to the development of constitutional law. It does not avoid responsibility and is occasionally criticized, as is its U.S. counterpart, for lack of proper judicial restraint.