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You searched for subject:(German judiciary). Showing records 1 – 2 of 2 total matches.

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Victoria University of Wellington

1. Schnitzer, Jan. The Nuremberg Justice Trial 1947: Vengeance of the Victors?.

Degree: 2010, Victoria University of Wellington

Nuremberg became famous for the 13 Nuremberg Trials against the leading German officials after World War II. Following the first trial against the remaining Nazi leaders before the Allied International Military Tribunal in 1945-1946, the United States initiated 12 subsequent proceedings against leading members of all areas of Germany's society. The Justice Trial against 16 representatives of Nazi Germany's judicial system was the third of these trials and held before US Military Tribunal III in 1947. Organised and held under the aegis of the United States as one of the war's victors, the trials were seen by many as simple acts of vengeance, hidden behind a smokescreen of legality. Therefore, especially in post-war Germany, the trials were often described as victor's justice. Yet, besides investigations relating to specific aspects of this allegation, a profound analysis of this issue has not been done for the Justice Trial. This study aims to help in closing this gap. Focussing on the issue of victor's justice, the work analyses and evaluates all stages of the Justice Trial, from its legal basis, to the planning and preparation, to the proceedings and judgments, to the enforcement of the sentences after the trial. In the end, it is concluded that only two aspects, the violation of the principle of separation of powers and the restriction to initiate trials only against German nationals, can be seen as examples of victor's justice. All other aspects cannot be proved as examples of victor's justice; whether Germany's state sovereignty was violated, whether the judges were impartial, whether the ex post facto principle was violated, whether the defendants could be held individually responsible, whether the defendants received a fair trial, whether the trial was justified from a moral point of view, whether the defendants were selected for appropriate reasons, whether the Tribunal analysed and evaluated the Nazi legal system and the defendant's role therein reasonably, whether the US judges and prosecutors were qualified enough, and whether the early release of the convicted defendants in the 1950s was arbitrary. The Justice Trial and all other Nuremberg Trials, in many ways, set unique precedents for international criminal law. The legacy, therefore, is primarily a positive one. Thus, overall, it is concluded that the limited examples of victor's justice within the Justice Trial do not ultimately undermine these achievements. Advisors/Committee Members: Morris, Grant.

Subjects/Keywords: International criminal law; German judiciary

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6th Edition):

Schnitzer, J. (2010). The Nuremberg Justice Trial 1947: Vengeance of the Victors?. (Masters Thesis). Victoria University of Wellington. Retrieved from http://hdl.handle.net/10063/1335

Chicago Manual of Style (16th Edition):

Schnitzer, Jan. “The Nuremberg Justice Trial 1947: Vengeance of the Victors?.” 2010. Masters Thesis, Victoria University of Wellington. Accessed October 21, 2019. http://hdl.handle.net/10063/1335.

MLA Handbook (7th Edition):

Schnitzer, Jan. “The Nuremberg Justice Trial 1947: Vengeance of the Victors?.” 2010. Web. 21 Oct 2019.

Vancouver:

Schnitzer J. The Nuremberg Justice Trial 1947: Vengeance of the Victors?. [Internet] [Masters thesis]. Victoria University of Wellington; 2010. [cited 2019 Oct 21]. Available from: http://hdl.handle.net/10063/1335.

Council of Science Editors:

Schnitzer J. The Nuremberg Justice Trial 1947: Vengeance of the Victors?. [Masters Thesis]. Victoria University of Wellington; 2010. Available from: http://hdl.handle.net/10063/1335


University of St. Andrews

2. Miles, David Jonathan. Stability or renewal : the judicialisation of representative democracy in American and German constitutionalism .

Degree: 2017, University of St. Andrews

This thesis examines how American and German constitutionalism, as shaped by the U.S. Supreme Court and the German Constitutional Court (Bundesverfassungsgericht), have mediated the tension between threats to stability and the imperative of renewal through occasional or constant interventions in their democratic processes. To do this, it primarily assesses the 1960s U.S. reapportionment cases and the European Parliament electoral threshold cases of 2011 and 2014. It also considers the ideas of four thinkers, theorists and jurists who have wrestled with the dilemma of how to maintain the bond between citizen and state: Ernst-Wolfgang Böckenförde, Hannah Arendt, Thomas Jefferson and Alexis de Tocqueville. Stability and renewal represent the twin orientation points for constitutionalism and the courts against which they must adjust to possible democratic threats, or new political and social forces in need of recognition. Threats to the state can emerge either from a surfeit of illiberal views in politics and society aimed at destroying an existing constitutional order, or when democratic channels become starved of new opinions through the constitutional or unconstitutional exclusion of voters and parties. A distinctive feature of the approach taken is the conceptual division between the ‘legal/institutional’ space in which the Supreme Court and Bundesverfassungsgericht interpret constitutional meaning, and the ‘civic space’ in which citizens accept or reject constitutional meaning. One central question is how American and German constitutionalism, and the U.S. Supreme Court and Bundesverfassungsgericht shape and influence the vital civic space that is integral to the democratic relationship between citizen and state, and the survival of the state itself. Ultimately it is concluded that without acceptance of the importance of law and constitutionalism by citizens in the civic space, the influence of the Supreme Court and the Bundesverfassungsgericht becomes purely institutional and effectively consigned to the courtroom. Advisors/Committee Members: Lang, Anthony F (advisor), Rengger, N. J. (Nicholas J.) (advisor).

Subjects/Keywords: Constitutionalism; American constitutionalism; German constitutionalism; US Supreme Court; German Constitutional Court; Bundesverfassungsgericht; Law; Society; Civic society; European Parliament; Democracy; Politics; Elections; Electoral law; Reapportionment; Gerrymandering; Malapportionment; Barring clauses; Sperrklauseln; Electoral threshold; Electoral hurdle; Citizens; Citizenship; Civic republicanism; Representative democracy; Hannah Arendt; Thomas Jefferson; Ernst-Wolfgang Böckenförde; Alexis de Tocqueville; Baker v Carr; Reynolds v Sims; Electoral threshold cases; Voters; Parties; Political parties; Liberal democracy; Illiberal democracies; Social forces; Social movements; Institutions; Separation of powers; Courts; Constitutional courts; European Convention on Human Rights; Universal Declaration of Human Rights; Voter exclusion; Voter engagement; Civic engagement; The law of democracy; Political theory; Christian Democratic Union; CDU; Germany; The Federal Republic of Germany; West Germany; The League of Women Voters; The Socialist Reich Party; Social Democratic Party of Germany; Values; Constitutional values; The Bill of Rights; The American Bill of Rights; Majoritarianism; Incorporation; Incorporation of the Bill of Rights; James Madison; Alexander Hamilton; The Federalist Papers; Equality; Progress; Majority rule; Tyranny; Autocracy; Totalitarianism; Rights; Individual rights; Individual; Groups; Political culture; Constitutional culture; Carl Schmitt; Hans Kelsen; The US Constitution; Constitutions; The Basic Law; The German Basic Law; Grundgesetz; Higher law; Interpretation; Constitutional complaints; Democratic suicide; Weimar; The Weimar Republic; Autonomy; Opinions; Restraint; Power; Powers; Polis; Aristotle; Aristotelian polis; Suffrage; Equal Protection Clause; The Civil War; The American Civil War; The Fourteenth Amendment; Liberty; Dignity; Human dignity; Hitler; Adolf Hitler; Konrad Adenauer; Angela Merkel; John Adams; Judges; The judiciary; Judicialisation; Juridification; Public law; Private law; The New Deal; Franklin D Roosevelt; Militant democracy; The French Revolution; Human rights; World War Two; The Second World War; The Green Party of Germany; The Greens; Religion; Nation; Nationalism; Identity; Slavery; Emancipation; Cold War; The Countermajoritarian Difficulty; Jeremy Waldron; Robert Dahl; Justice; Security; Stability; Positive law; Legal positivism; Orwell; George Orwell; Kant; Rechtsstaat; Natural law; Isonomy; Oligarchy; Principles; Hersch Lauterpacht; Oliver Wendell Holmes Jr; Carolene Products footnote four; Ruth Bader Ginsburg; National Socialism; The National Socialist Party; Brown v Board of Education; Republicanism; Republican government; Constituent power; Community; Communitarianism; Free speech; Freedom of speech; Böckenförde dilemma; The Warren Court; Earl Warren; William Brennan; Andreas Voßkuhle; State and society; Civic association; Social cohesion; Vergangenheitsbewältigung; The Holocaust; The Nazi past; Civic space; Institutional space; Racism; Minority rights; Representation; Legitimacy; Democratic participation; Electoral participation; State legislatures; Felix Frankfurter; Federal government; Segregation; Civil rights; Civil rights movement; Voting rights; Lyndon Johnson; John F Kennedy; Joseph McCarthy; The Declaration of Independence; Judicial supremacy; Collective guilt; Checks and balances; The living constitution; Hungary; Poland; Judicial activism; Judicial restraint; Judicial authority; Legislatures; Legislative fragmentation; EU; The European Union; Eurosceptics; Far right; The people; Populism; Democratic deficit; Constitutional government; Arbitrary government

Record DetailsSimilar RecordsGoogle PlusoneFacebookTwitterCiteULikeMendeleyreddit

APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6th Edition):

Miles, D. J. (2017). Stability or renewal : the judicialisation of representative democracy in American and German constitutionalism . (Thesis). University of St. Andrews. Retrieved from http://hdl.handle.net/10023/11056

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16th Edition):

Miles, David Jonathan. “Stability or renewal : the judicialisation of representative democracy in American and German constitutionalism .” 2017. Thesis, University of St. Andrews. Accessed October 21, 2019. http://hdl.handle.net/10023/11056.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7th Edition):

Miles, David Jonathan. “Stability or renewal : the judicialisation of representative democracy in American and German constitutionalism .” 2017. Web. 21 Oct 2019.

Vancouver:

Miles DJ. Stability or renewal : the judicialisation of representative democracy in American and German constitutionalism . [Internet] [Thesis]. University of St. Andrews; 2017. [cited 2019 Oct 21]. Available from: http://hdl.handle.net/10023/11056.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Miles DJ. Stability or renewal : the judicialisation of representative democracy in American and German constitutionalism . [Thesis]. University of St. Andrews; 2017. Available from: http://hdl.handle.net/10023/11056

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

.