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INT-LAW  July 2007, Week 4

INT-LAW July 2007, Week 4

Subject:

Re: Need help with German Constitutional Court cases

From:

Heiko Recktenwald <[log in to unmask]>

Reply-To:

International Law Librarians List (Int-Law)

Date:

Fri, 27 Jul 2007 00:52:05 +0200

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (70 lines)

Hi,

Kathryn C. Fitzhugh wrote:
> Hello All,
>  
> I have been asked to get the following which I have been told are 
> German Constitutional Court cases; the citations seem incomplete to me 
> as I don't have a date or case names:
>  
> BVerfGE 49, 89, 125. 
>  
> These citations are from a footnote in Machteld Boot's /Genocide, 
> Crimes Against Humanity, War Crimes, /page 95, footnote 53.  The 
> footnoted statement deals with excluding customary law as a basis for, 
> or aggravation of, punishment: 
>      "Accordingly, it is only the legislature that can claim the right 
> to determine elements of crimes,    
>       which therefore excludes customary law as a basis for, or 
> aggravation of, punishment."

Ok, what is said in Kalkar is that all important things must be decided 
by parliament. Parliament had made a law on nuclear energy, but  Kalkar 
was a new type of reactor, maybe more dangerous. Was the old law enough? 
BVerfG said yes.

In the case of criminal law it is much, much simpler! There is a special 
provision in the German Basic Law, that says that there is no punishment 
without a written law, nullum crimen sine lege, this is Art. 103 GG. 
Customary law is not written.

For a German it sounds extremely strange to argue with Kalkar here, but 
I have not read the book.

Best,

H.

>  
> I've tried the German Constitutional Court's website but it's 
> difficult to navigate without dates and dates only from 1997.  Can 
> anyone tell me how to get a complete citation so that I can make an 
> interlibrary loan request? 
>  
> Thank you.
>
>
> Kathryn C. Fitzhugh
> Reference/Special Collections Librarian and
> Professor of Law Librarianship
> UALR/Pulaski County Law Library
> 1203 McMath Avenue
> Little Rock, AR  72202
> 501-324-9974
> Fax:  501-324-9447
> Email:  [log in to unmask]
>
> [log in to unmask]: Use this address for postings and replies 
> - Email text body 'SIGNOFF int-law' to: 
> [log in to unmask] **DISCLAIMER: The opinions 
> expressed on this list are those of the authors and do not necessarily 
> reflect the opinions of CIESIN, its staff, or CIESIN's sponsors.
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[log in to unmask]: Use this address for postings and replies - Email text body 'SIGNOFF int-law' to: [log in to unmask]
**DISCLAIMER: The opinions expressed on this list are those of the authors and do not necessarily reflect the opinions of CIESIN, its staff, or CIESIN's sponsors.

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