Jürgen Bröhmer

The German Basic Law – the Constitution of the Federal Republic of Germany – has been in force for 70 years now and it is the foundation of democratic statehood in Germany. The Basic Law’s central core is the principle of the rule of law as expressed by the broader German concept of the “Rechtsstaatsprinzip”. The protection of fundamental individual rights is one important cornerstone of this “Rechtsstaatsprinzip”.

As guardian of the Basic Law, the Federal Constitutional Court has shaped these rights through interpretation by a large body of case law. Taking note of the growing interest among scholars not only in continental Europe but more so in the Common Law world, an extensive English translation of that jurisprudence is therefore very timely.

This volume features 68 cases in regard to the basic rights. A general introduction to the Basic Law and the doctrine of fundamental rights strives to provide some contextual background to enable readers to better understand the comprehensive jurisprudence. In addition, there are specific annotations to each decision or a set of decisions with background information on the individual case. The last chapter suggests additional material in English for further research.

Am Europa-Institut der Universität des Saarlandes fand im Januar 2015 anlässlich des 80. Geburtstages von Prof. Dr. Dr. Dr. h.c. mult. Georg Ress, dem langjährigen Direktor des Europa-Instituts und ehemaligen deutschen Richter am Europäischen Gerichtshof für Menschrechte in Straßburg, ein wissenschaftliches Kolloquium statt. Die in diesem Rahmen gehaltenen Vorträge der Schüler des Jubilars befassen sich mit aktuellen Fragestellungen innerhalb des Europäischen Wirtschaftsrechts, der Europäischen Wirtschafts- und Währungsunion, des Völkerrechts, der Menschenrechte sowie des Europäischen Verfassungsrechts.

Some eight decades ago on 24 June 1932, Thailand embarked on a journey towards democratic transformation when the People's Party, an elite group of civil servants, princes, army officers and young intellectuals, who were well educated in Europe and fully infused with the concept of Western democracy, staged a bloodless coup d'etat, demanding a change of government from an absolute monarchy to a constitutional monarchy. Determined to avoid any bloodshed, His Majesty King Prajadhipok (Rama VII) agreed to abolish absolute monarchy and the transfer of power to the constitution-based system of government by signing a temporary constitution on 27 June 1932. This constitution marked the arrival of Thailand's modern political constitutionalism - the idea that government can and should be legally limited in its powers. Since then, Thailand has been subject to 18 military coups followed by the promulgation of new and/or revised 18 constitutions and numerous changes of government. The turbulent history of Thailand's constitutionalism suggests that there is a need for major constitutional reform - one where the Constitution is reviewed to ensure adherence to the Rule of Law and democracy.

The core principle of the German Basic Law - the Constitution of the Federal Republic of Germany since 1949 - is the Rule of Law or the broader concept of the 'Rechtsstaat'. The protection of fundamental rights is one important cornerstone of this principle. As the guardian of the Constitution, the Federal Constitutional Court has shaped these rights through interpretation by a large body of case law. Taking note of the growing interest among scholars not only in continental Europe but more so in the Common Law world, an extensive English translation of that jurisprudence is very timely.

A collection of articles by 112 authors on 1647 pages, eminent scholars from around the world, including Presidents and Judges from international courts such as the International Court of Justice, the European Court of Human Rights, The European Court of Justice, the USA-Iran Claims Tribunal and leading professors from Europe, Asia, Africa and the Americas on international law, European Union law and human rights law, especially the European Convention of Human Rights.

Jürgen Bröhmer examines the often used in the political and legal debate concept of transparency in the context of the Constitution and of the European Union law. The concept of transparency has several aspects. One can speak of transparency of results, if the result of a decision-making process is disclosed. Closely related is the content of transparency, relating to the clarity and comprehensibility of the decision result. The process transparency refers to the decision process itself, which are often designed very differently, particularly in transparency relevant points. In federal structures and the increasingly "globalized" world responsibility transparency is becoming increasingly important, which is concerned with the question whether you can assign the result of a decision-making process nor a responsible decision-makers. Transparency is not a new concept and a close look into the Basic Law shows that many rules and principles of the Basic Law have the creation of transparency and of a different type to the subject. But there are also inherited deficits, such as the interpretation of freedom of information in Art. 5 GG, its interpretation has to be adapted to the new conditions of the information society. The comparison with the law of the European Union, where it first of all deals with access to documents and to the decision-making process in the legislative body of the Council of Ministers shows that demands for more transparency can be seen in the context of an actual or perceived democratic deficit. Overlooking the law of the European Union, the author, inter alia, the right of access to documents in detail represents.