New drive in Germany to ban scientology

AntEater · 12-08-07, 02:52 PM

Theory and practice.
That was off the record. Of course the Constitution is the basic principle of german law.
What I meant is that in everyday legal life, the basic rights part constitution serves as general guidelines on how to interpret the rest of the legal system and as a failsafe in chase of open questions.
You normally do not directly use the constitution because what you always use the most special law there is. Since the Grundgesetz is the least specific ("basic") law, it is some kind of a legal fallback point.
But still even pre-1949 common law is important. Most basic systematics of criminal law are just Wilhelmine time chase law.
But there's no point in denying that our constitution is quite young and most german statute law is at least twice as old.

Regarding the lenght of our legal code, you're right. The art of writing clear and universally applicable statute laws seems to have been lost.
I always admire how systematic and clear the BGB and the other law codes from the late 1800s/early 1900s are.
The old paragraphs of the StGB are mostly 2-3 sentences, a one on money laundering is over a page long!
In the HGB there's now a paragraph which has subparagraphs from a to i

12-08-07, 02:52 PM	#16
AntEater Grey Wolf Join Date: Apr 2005 Location: Germany Posts: 936 Downloads: 0 Uploads: 0	Theory and practice. That was off the record. Of course the Constitution is the basic principle of german law. What I meant is that in everyday legal life, the basic rights part constitution serves as general guidelines on how to interpret the rest of the legal system and as a failsafe in chase of open questions. You normally do not directly use the constitution because what you always use the most special law there is. Since the Grundgesetz is the least specific ("basic") law, it is some kind of a legal fallback point. But still even pre-1949 common law is important. Most basic systematics of criminal law are just Wilhelmine time chase law. But there's no point in denying that our constitution is quite young and most german statute law is at least twice as old. Regarding the lenght of our legal code, you're right. The art of writing clear and universally applicable statute laws seems to have been lost. I always admire how systematic and clear the BGB and the other law codes from the late 1800s/early 1900s are. The old paragraphs of the StGB are mostly 2-3 sentences, a one on money laundering is over a page long! In the HGB there's now a paragraph which has subparagraphs from a to i __________________