Talk:Political question
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[edit]Shouldn't this be merged with justiciability?
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"Parlamentsvorbehalt"
[edit]Would anyone know whether this doctrine is somehow similar to the "Parlamentsvorbehalt" of the German constitutional court? The German doctrine implies that the German constitutional court can decide that a statute is unconstitutional, but should leave it to the parliament to adopt a better statute. Often the constitutional court sets a term: if no better statute is adopted within a number of months, it will simply expire. Note that the the German federal constitutional court is only responsible for constitutional cases, working side by side to the German federal supreme court which is responsible for other cases.
I am not German - but I was impressed by the idea - it is a practical solution for the often-heard concern that courts make politicial decisions without democratic legitimation. Rbakels (talk) 20:31, 26 March 2012 (UTC)
- I'm aware this response is much too late, but just in case someone stumbles onto this and has the same question: No, this is not comparable at all and does not state what you're saying. The Parlamentsvorbehalt proclaims that all government actions which are wesentlich (substantial) for one's exercise of fundamental laws must be regulated in a government law. The reason unconstitutional laws are sometimes upheld for a certain amount of time is the consideration that an unconstitutional law is sometimes better than no law at all. Usually though, an unconstitutional law will be declared void (nichtig) immediately (§ 31 II BVerfGG)
- The political question doctrine is entirely incompatible with German constitutional law. --2001:7C0:2517:C:CD46:D073:1DD7:1B22 (talk) 21:27, 13 July 2022 (UTC)
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