Bundestag, Constitutional Law, Election Law, Federal Constitutional Court

What to Do About Germany’s Ever-Expanding Parliament?

The lower house of Germany's federal parliament, the Bundestag, now has 709 members, making it the second-largest parliament in the world. This is over 100 more members than the 598 seats Germany's voting laws formally provide for. Why is the Bundestag growing? To understand this, you have to understand German federal election law. Here's a… Continue reading What to Do About Germany’s Ever-Expanding Parliament?

Basic Rights, Bundestag, Constitutional Law, Criminal Law, Federal Constitutional Court

A “Justice Offensive” to Legalize Marijuana in Germany

The German Hemp Federation (GHF), a German marijuana-legalization lobby, has started what it calls a "justice offensive" (g) to convince the German Federal Constitutional Court (FCC) to declare laws against marijuana unconstitutional. The current state of play in Germany is that it is illegal nationwide, under § 29 (g) of the Narcotics Law, to possess… Continue reading A “Justice Offensive” to Legalize Marijuana in Germany

Constitutional Law, Dublin III, ECJ, Immigration and Asylum, Self-Promotion

The FAZ Publishes My Review of ‘Die Zauberlehrlinge’

I wrote a German version of my review of 'Die Zauberlehrlinge' for the FAZ, available here. Most of the arguments were already previewed in English in this blog post, but the piece benefited a great deal from some careful revisions and editing. I hope you enjoy it. There's been plenty of interesting discussion of the… Continue reading The FAZ Publishes My Review of ‘Die Zauberlehrlinge’

Comparative Law, Constitutional Law, Criminal Law, Murder, Police and Prosecutors

Jens Soering’s Guilt and a System Failure of German Journalism

UPDATE: 15 July. Full disclosure: this post has gotten some attention since I posted it. I've made a number of revisions to it after correspondence with people very familiar with the case, who graciously corrected some errors. I'm also reading 'Beyond Reason', the 1990 book about the case, and may update the post a bit… Continue reading Jens Soering’s Guilt and a System Failure of German Journalism

Constitutional Law, Federal Constitutional Court, Freedom of Speech, Social Media

Facebook Ban Before the Federal Constitutional Court

The Federal Constitutional Court has just issued a preliminary injunction (einstweilige Anordnung) in what may turn out to be a landmark case about the constitutionality of Facebook bans. The case involves a Facebook post from January 21, 2019 by a far-right group called the "Third Way" (Der III. Weg), which bills itself as "National, Revolutionary,… Continue reading Facebook Ban Before the Federal Constitutional Court