Ralph A. Lorz

Interorganrespekt im Verfassungsrecht

Funktionenzuordnung, Rücksichtnahmegebote und Kooperationsverpflichtungen
['Inter-Organ-Respect' in Constitutional Law. Unwritten Obligations of Mutual Respect and Cooperation between the Highest Constitutional Organs. A Comparative Analysis of the Constitutional Systems of Germany, the European Union and the United States of America. By Ralph Alexander Lorz.]
2001. XXIV, 733 pages.
Published in German.
  • cloth
  • available
  • 978-3-16-147446-0
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Summary
The problem of allocating political power among the various constitutional organs is usually tackled by installation of a system of 'checks and balances'. However, this solution entails the danger of confrontations and stalemates which might easily forestall any possibility of reaching common answers in important political matters. To counteract this danger, a legally founded obligation of the organs involved to mutually respect their competences and to cooperate in the general interest seems indispensable. Ralph Alexander Lorz demonstrates that the existence of such an obligation is implicitly accepted in every constitutional system that is based on the idea of 'checks and balances'. He develops a theory which establishes this obligation as a pivotal constitutional principle.

Jus Publicum (JusPubl)