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Federal Constitutional Court - Decisions of the Bundesverfassungsgericht - Federal Constitutional Court - Federal Republic of Germa

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Federal Constitutional Court (ed.)

Decisions of the Bundesverfassungsgericht - Federal Constitutional Court - Federal Republic of Germa

2007

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BVerfGE 99, 100 Judgment of the Second Senate of 13 October 1998 – 2 BvR 1275/96 “Guarantee of church property (St. Salvator church (Salvatorkirche)) case” Surrender of the St. Salvator church in Munich (Church of the Transfiguration of the Saviour) to the Free State of Bavaria for transfer to the “Holy Metropolis of Germany”. S. 322-337

„… and Article 138.2 of the Weimar Constitution. As a religious society, the complainant is said to be a …” „… . Salvator church (Salvatorkirche)) case” HEADNOTES: 1. The purpose of Article 138.2 of the Weimar …” „… basis as assured by Article 4.1 and 4.2 of the Basic Law and Article 137 of the Weimar Constitution. 2 …”

BVerfGE 19, 206 Judgment of the First Senate of 14 December 1965 – 1 BvR 413, 416/60 “Church construction tax case” Unconstitutionality of the Baden church construction tax. No transfer to a religious society of sovereign powers vis-à-vis persons who do not belong to any religious society. S. 37-48

„… to a religious society sovereign powers vis-à-vis persons who do not belong to any religious society …” „… . 4. Article 137.6 of the Weimar Constitution (Weimarer Reichsverfassung – WRV), which was …” „… Article 137.6 of the Weimar Constitution is a sovereign power of the state vis-à-vis its citizens granted …”

BVerfGE 102, 370 Judgment of the Second Senate of 19 December 2000 – 2 BvR 1500/97 “Jehovah’s Witnesses case” S. 338-356

„… the Basic Law (Grundgesetz – GG) in conjunction with Article 137.5 sentence 2 of the Weimar …” „… Constitution (Weimarer Reichsverfassung – WRV)) must be loyal to the law. a) It must offer an assurance that it …” „… with Article 137.5 sentence 2 of the Constitution of 11 August 1919 (hereinafter: Weimar Constitution …”

BVerfGE 83, 341 Order of the Second Senate of 5 February 1991 – 2 BvR 263/86 “Bahá’í case” Consideration of freedom of religion in interpretation and application of provisions of the Civil Code regarding associations (registration of the Spiritual Assembly of the Bahá’ís in the register of associations). S. 284-299

„… Weimar Constitution. The organisational structure of the religious society is also said to be covered by …” „… association however requires particular accommodation of the religious society’s understanding of itself …” „… provision in conjunction with the relevant Church Articles of the Weimar Constitution (Weimarer …”

BVerfGE 42, 312 Order of the Second Senate of 21 September 1976 – 2 BvR 350/75 “Church officer as member of the Bundestag case” Granting leave of absence to ministers and church officers for the duration of a term of office as a member of parliament in the Bundestag or in the legislative bodies of a Land. S. 126-146

„… Basic Law in conjunction with Article 137.3 of the Weimar Constitution (Weimarer Reichsverfassung – WRV …” „… with Article 140 of the Basic Law (Grundgesetz – GG) in conjunction with Article 137.3 of the Weimar …” „… Constitution (Weimarer Reichsverfassung – WRV) and is therefore overturned. 2. The Free Hanseatic City of …”

BVerfGE 30, 415 Order of the First Senate of 31 March 1971 – 1 BvR 744/67 “Church tax liability case” Linking liability to pay church tax to baptism and place of residence. S. 76-83

„… Weimar Constitution (Weimarer Reichsverfassung – WRV) and in accordance with Article 2 of the Treaty …” „… determine who belongs to a church entitled to levy tax. In accordance with Article 137.3 of the Weimar …” „… society independently as an internal affair within the limits of the statutes valid for all. If state …”

BVerfGE 33, 23 Order of the Second Senate of 11 April 1972 – 2 BvR 75/71 “Oath refusal case” Protection of the religious conviction which refuses to take the oath of a witness even without invoking God. S. 92-105

„… (Weimar Constitution (Weimarer Reichsverfassung – WRV)), declared refusal to take an oath to be …” „… as Article 136.4 of the Weimar Constitution provided that no one may be compelled to take a religious …” „… Law provides in Article 140 in conjunction with Article 136.4 of the Weimar Constitution that no one …”

BVerfGE 53, 366 Order of the Second Senate of 25 March 1980 – 2 BvR 208/76 “Hospital law and church self-determination case” Secular order on the structure and organisation of hospitals that are operated by religious societies, or institutions that are on an equal footing with them or associated with them, as a violation of the constitutional guarantee of the church’s right of self-determination (Hospital Act of the Land North-Rhine/Westphalia). S. 204-233

„… the basis of what is to be regarded as a religious society’s own affair by its substance, by the …” „… affairs of state and religious societies are in principle declared to be the religious society’s own …” „… constitutional value system. The Church Articles of the Weimar Constitution (Weimarer Reichsverfassung – WRV …”

BVerfGE 44, 37 Order of the First Senate of 8 February 1977 – 1 BvR 329/71, 217, 2237/73 and 199, 217/74 “Church tax after resignation of church membership case” Statutory period (“consideration period”) for the effectiveness of a declaration of resignation of church membership; “subsequent taxation” of a person who has resigned church membership. S. 147-161

„… released from all payments based on his or her personal membership of the religious society at the end of …” „… all and any payments based on his personal membership of the religious society. Release shall apply …” „… religious society; the short period of ongoing taxation was said to be understandable only as an “effect” of …”

BVerfGE 46, 73 Order of the Second Senate of 11 October 1977 – 2 BvR 209/76 “Church institution and works constitution law case” Works council in a charitable Catholic hospital. S. 170-185

„… 137.3 of the Weimar Constitution: every religious society, it provides, has the right to organise and …” „… Constitution: the term “religious society” in Article 137.3 and the same term in Article 138.2 of the Weimar …” „… Article 137.3 of the Weimar Constitution (Weimarer Reichsverfassung – WRV), not only the organised church …”

BVerfGE 73, 388 Order of the Second Senate of 23 October 1986 – 2 BvL 7, 8/84 “Church money case” Empowerment of the church corporate bodies entitled to levy tax to determine the nature and amount of church money in mixed-faith marriages. S. 269-276

„… the right of a religious society to levy taxes which had been in existence on entry into force of the …” „… Weimar Constitution, and could … not simply be transferred to an empowerment issued after entry into …” „… conjunction with Article 137.6 of the Weimar Constitution grants to the religious societies which are …”

BVerfGE 24, 236 Order of the First Senate of 16 October 1968 – 1 BvR 241/66 “Rag collector case” Guarantee of the right to organise collections for church or religious purposes and to announce them from the pulpit. Freedom of faith and freedom to profess a belief for associations with not all-embracing, but only partial care for the religious or ideological life of their members (Catholic Agricultural and Rural Youth). S. 67-75

„… freedom to profess a belief at least since the Weimar Constitution (Weimarer Reichsverfassung – WRV) … The …” „… longer restricted as in Article 135 of the Weimar Constitution by an express requirement of the specific …” „… of the Weimar Constitution; Article 136.4 of the Weimar Constitution, Article 7.3 sentence 3 of the …”

Selected Provisions of the Weimar Constitution S. 455-458

„… Constitution of 11 August 1919 (Weimar Constitution (Weimarer Reichsverfassung – WRV)) Article 136 (Civil and …” „… membership of a religious society except to the extent that rights or duties depend thereon or that a …” „… restrictions. (3) Every religious society shall organise and administer its affairs independently within the …”

Hans-Jürgen Papier Preface by Prof. Dr. Dres. h.c. Hans-Jürgen Papier S. 12-14

„… religion and laicism, have confronted each other in society in recent years, the greater is the number of …” „… to institutions. This is Article 137 of the Weimar Constitution, the predecessor of the Basic Law …” „… that there is no state church in Germany and that every religious society has the right of …”

BVerfGE 19, 226 Judgment of the First Senate of 14 December 1965 – 1 BvL 31, 32/62 “Mixed-marriage church tax case” An employee who is not a member of a church entitled to levy tax cannot be obliged by state law to pay church tax for his or her spouse who is a member of a church, or to be liable for the spouse’s church tax debt. S. 49-56

„… applies if only one spouse belongs to such a church or religious society, whilst the other spouse is a …” „… of church tax for marriages in which only one spouse belongs to a church or religious society that is …” „… church or religious society that is entitled to levy tax to be obliged by state law to pay church taxes …”

BVerfGE 93, 1 Order of the First Senate of 16 May 1995 – 1 BvR 1087/91 “Classroom crucifix case” Freedom of faith and the affixation of crosses or crucifixes in schoolrooms. S. 300-321

„… she recognises and reveres and which he or she rejects. Admittedly, in a society that affords space to …” „… life that are not left to be organised by society itself, but which are taken care of by the state (see …” „… BVerfGE 41, 29 (49)). Article 140 of the Basic Law taken together with Article 136.4 of the Weimar …”

BVerfGE 44, 59 Order of the First Senate of 8 February 1977 – 1 BvL 7/71 “Church tax after resignation of church membership case” (in supplement to BVerfGE 44, 37) Levying church tax on a person who resigned church membership until expiry of the calendar month following the declaration of resignation of church membership. S. 162-169

„… exemption from all payments relating to the personal membership of the religious society at the end of the …” „… point of view, Article 137.6 of the Weimar Constitution (Weimarer Reichsverfassung – WRV) in conjunction …” „… of the Weimar Constitution in conjunction with Article 140 of the Basic Law, on which the provision …”

BVerfGE 41, 29 Order of the First Senate of 17 December 1975 – 1 BvR 63/68 “Christian interdenominational school in the Baden tradition case” Christian interdenominational school according to the tradition of the Land Baden-Württemberg. S. 112-125

„… significantly from what is known as the school compromise of the Weimar Constitution (Weimarer Reichsverfassung …” „… pupils was disputed, because the experience gained during the Weimar period (when different school …” „… for political reasons are not left to be organised by society itself, but are taken care of by the …”

BVerfGE 19, 268 Judgment of the First Senate of 14 December 1965 – 1 BvR 606/60 “Church tax for mixed-faith spouses case” The splitting principle enshrined in German church tax law (assessment of church tax in mixed-faith marriages in accordance with the combined income of both spouses) is unconstitutional. S. 57-66

„… which in mixed-faith marriages the church tax of the spouse belonging to a religious society entitled to …” „… religious society entitled to levy tax is levied in accordance with half the combined income tax of both …” „… conjunction with Article 137.6 of the Weimar Constitution (Weimarer Reichsverfassung – WRV). I. 1. In the Free …”

Index S. 459-466

„… right 318 personal determination in religious matters, age of 59, 98, 177 pluralistic society 179 …” „… religious society – assurance of its permanency 317, 322, 324-325 – freedom to organise and administer its …” „… , right to 112, 121 – suspension of the 121 W Weimar Church Articles – guarantees of 326 – incorporation …”

BVerfGE 52, 223 Order of the First Senate of 16 October 1979 – 1 BvR 647/70 and 7/74 “School prayer in state schools case” Voluntary interdenominational school prayer in interdenominational schools outside religious instruction. S. 186-203

„… Weimar Constitution (Weimarer Reichsverfassung – WRV). … [3.] Re …[the] constitutional complaint …” „… the Weimar Constitution. School prayer as an act of religious profession spoken outside religious …” „… Basic Law, as well as in Article 140 of the Basic Law in conjunction with Article 136.4 of the Weimar …”

Titelei/Inhaltsverzeichnis S. 2-11

„… society of sovereign powers vis-à-vis persons who do not belong to any religious society. 15 VI 4. BVerfGE …” „… Weimar Constitution 433 Index 437 Index of Statutes 445 26. BVerfGE 104, 305 Order of the First Senate of …”

BVerfGE 108, 282 Judgment of the Second Senate of 24 September 2003 – 2 BvR 1436/02 “Headscarf case” Headscarf in class. S. 397-438

„… would encounter in society. … III. The Federal Government and the Land Baden-Württemberg submitted …” „… 137.1 of the Weimar Constitution (Weimarer Reichsverfassung) in conjunction with Article 140 of the …” „… peace in a society (see BVerfGE 93, 1 (16-17)). The principle of religious and ideological neutrality …”

BVerfGE 105, 279 Order of the First Senate of 26 June 2002 – 1 BvR 670/91 “Sect warning case” Fundamental right of the freedom of religion and ideology (Article 4.1 and 4.2 of the Basic Law as a barrier to the information activity of the Federal Government – Osho Movement). S. 377-396

„… communities. … Our society is characterised by religious pluralism. In addition to the communities of major …” „… 136.1, 136.4 and Article 137.1 of the Weimar Constitution (Weimarer Reichsverfassung – WRV) is obliged …” „… to endanger the religious peace in society (see BVerfGE 19, 206 (216); 93, 1 (16-17); 102, 370 (383 …”

BVerfGE 104, 337 Judgment of the First Senate of 15 January 2002 – 1 BvR 1783/99 “Permit for ritual slaughter case” Permit for ritual slaughter for Muslim butchers. S. 362-376

„… consumption of meat, this would not take sufficient account of the eating habits in the society of the Federal …” „… pursuant to Article 137.5 of the Weimar Constitution (Weimarer Reichsverfassung – WRV) or is entitled to …”

Selected Provisions of the Basic Law S. 439-454

„… physical and mental development and for their place in society as are enjoyed by legitimate children …” „… respect of religious societies; continued applicability of the Weimar Constitution) The provisions of …”

doi.org/10.5771/9783845205540

KritV Kritische Vierteljahresschrift für Gesetzgebung und Rechtswissenschaft

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KritV Kritische Vierteljahresschrift für Gesetzgebung und Rechtswissenschaft

Browse Volumes: KritV Kritische Vierteljahresschrift für Gesetzgebung und Rechtswissenschaft

KritV | CritQ | Rcrit Volume 103 (2020) Issue 1 ISSN Online: 2193-7869

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Oriana Maury, Julie Oé, Meriem Sala Nos perspectives de l’état de crise S. 92-109

„… arbitrary power. For a short background, under the Weimar’s Republic,28 the President used his …” „… , Theory, Culture & Society, vol.19, no. 4, August 2002. 28 Marc De Wilde, The state of emergency in the …” „… Weimar Republic: Legal disputes over Arti‐ cle 48 of the Weimar Constitution, The Legal History Review …”

Clémentine Boulanger Surveiller pour soigner S. 60-72

„… against the Covid-19 and to understand the imprint that the exception leaves on civil society …” „… Reich selon l’article 48 de la Constitution de Weimar ».17 Cet état d’ex‐ ception et les pleins pouvoirs …” „… -19 and to understand the imprint that the exception leaves on civil society. …”

doi.org/10.5771/2193-7869-2020-1

Vanja Grujic - Balkan Pathologies of Modernity

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Vanja Grujic

Balkan Pathologies of Modernity

Series: Zentrum und Peripherie

Volume 12 2018

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III. Conflict as a basis of law – towards the depoliticization S. 110-162

„… attempt for a liberal democratic-constitutional reform was called the Weimar Republic, and it was based on …” „… the Weimar Constitution. Article 1 of this constitution states: ‘The German Reich is a republic. State …” „… that marks his Weimar period. This book is focused on a critique of the romantic culture in which …”

References S. 228-235

„… , Cambridge: Polity Press, 1992. _________: Toward a rational society: Student protest, science and politics …” „… sphere: An inquiry into a category of bourgeois society, Cambridge: The MIT Press, 1991 …” „… : Martinus Nijhoff Publishers, 1994. The Constitution of the Weimar Republic, in ‘Apendix’ to Schmitt …”

doi.org/10.5771/9783845290638

Willy Bettoni - Franz Liszt under the Light of Progress

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Willy Bettoni

Franz Liszt under the Light of Progress

Series: Voces

Volume 20 2021

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Bibliography S. 337-346

„… d’Homme, Lausanne, 2002 Berger, Christian, Die Musik der Zukunft, in Liszt und die Weimarer Klassik, ed …” „… Liszt in Carl Alexander's Weimar, in 19th-Century Music, Vol. 26, No. 2, 2002, pp. 130–154 Clark …” „… Wolfgang, Schriften der Goethe-Gesellschaft, 21. Band, Verlag der Goethe-Gesellschaft, Weimar, 1907 …”

On the idea of progress S. 31-94

„… “Weimar Mythology”, p. 69. 61 Progress and society. The Lisztian pantheon over the fish of the sea, the …” „… “social animal”, and one cannot avoid taking into account the impact that society had on his mind. If one …” „… Life upon its surface, in the development of Society, of Government, of Manufactures, of Commerce, of …”

Nel mezzo del cammin di nostra vita S. 243-272

„… out of the Erbprinz Hotel and set out on foot for the Weimar railway station»2. After many years of …” „… service to the court of Weimar the decision was made, it was time to leave the city. Walker informs us …” „… , when Liszt was already fifty years old. After the Weimar period, Liszt no longer in the middle of his …”

The B minor Piano Sonata S. 178. The meaning of progress S. 165-242

„… , this concept is related to the role of artists in society, and, consequently, to a precise idea of …” „… progress. Then, if in the previous chapters Liszt’s theoretical ideas emerged on music in society, and …” „… dated April or May 1854, Vol. I, p. 153. 172 IV The B minor Piano Sonata S. 178 time during the Weimar …”

Sint, ut sunt, aut non sint! The late piano works and the Music for the Future S. 273-308

„… century opened with an accident: Liszt fell down a flight of stairs in his home in Weimar. This …” „… composition Unstern! An autobiographical work, again. Actually, the compositions of the post-Weimar period …” „… . And Liszt, after the Weimar period, did not distance himself 7 The expression was coined by Allan …”

Im Reich der Ideen. An analysis of Liszt’s essay Berlioz und seine Haroldsymphonie S. 95-164

„… Weimar, where he had to “again learn” German. In any case, it seems that he felt unsure in the use of …” „… party. He met Robert Schumann in 1951 and in 1854 moved to Weimar following an invitation of Liszt. He …” „… writings of the so called Weimar Period were written by Carolyne Sayn-Wittgenstein5. According to Haraszti …”

doi.org/10.5771/9783968218106

Pablo Riberi, Konrad Lachmayer - Philosophical or Political Foundation of Constitutional Law?

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Pablo Riberi (ed.), Konrad Lachmayer (ed.)

Philosophical or Political Foundation of Constitutional Law?

Series: Schriften zum Internationalen und Vergleichenden Öffentlichen Recht

Volume 24 2014

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Positivism, totalitarianism and constitutionalism S. 225-262

„… Philosophy prevailing in the Weimar Republic One of the premises of the thesis that legal positivism is to …” „… positivism was the legal philosophy prevailing in the Weimar Republic and especially when National Socialism …” „… regard to pre-Nazi judges and considering the behaviour of the courts in Weimar Germany. The fall of …”

How far should International Courts of Human Rights go? S. 331-352

„… stabilization of the Weimar Republic5 in Germany, could not have imagined what it would become in the current …” „… & Humblot 1982). 5 About the structure of the constitutional jurisdiction in the Weimar Republic, see the …” „… international legal system emerged already based on a notion of society (as opposed to a notion of community …”

doi.org/10.5771/9783748930686

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