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The Constitution of Berlin was adopted in 1995 by the Berlin House of Representatives and ratified by a referendum the same year. It was later amended in 2016. It contains the set of laws for the government of the state of Berlin, which is also the capital city of the nation of Germany. It sets out among other things, the basic rights of citizens and aliens, the territorial delineation, as well as the structure of government and administration of justice in the state.
"Suspenseful...moving...equal to any fictional thriller." —San Francisco Chronicle In August 1978, the Iron Curtain still hung heavily across Europe. To escape from oppressive East Berlin, an East German couple, Hans Detlef Alexander Tiede and Ingrid Ruske, hijacked a Polish airliner and diverted it to the American sector of West Berlin. Along with the couple, several passengers spontaneously defected to the West, and were welcomed by US officials. But within hours, Communist officials reminded the West of the anti-hijacking agreements in the Warsaw Pact, and thus the fugitives were arrested by the US State Department. Thirty-four years after World War II, the United States built a court in the middle of West Berlin, the former capital of the Third Reich, in the building that once housed the Luftwaffe, to try the hijacking couple. Former NJ district attorney, now a judge, Herbert J. Stern was appointed the "United States Judge for Berlin." What followed was a trial full of maneuvers and strategies that would put Perry Mason to shame, and answered the question: what is allowed to people seeking freedom? Judgment in Berlin, also a major motion picture starring Martin Sheen and Sean Penn, is unsurpassed as a true-life suspense story, with its vivid accounts of daring escapes, close calls, diplomatic intrigue, and dramatic courtroom confrontations. The original edition won the Freedom Foundation Award, and this updated edition includes a new introduction from author and trial judge Herbert J. Stern.
Often written during imprisonment in Allied War camps by former German officers, with their memories of the World War fresh in their minds, The Foreign Military Studies series offers rare glimpses into the Third Reich. In this study Oberst a.D. Wilhem Willemar discusses his recollections of the climatic battle for Berlin from within the Wehrmacht. “No cohesive, over-all plan for the defense of Berlin was ever actually prepared. All that existed was the stubborn determination of Hitler to defend the capital of the Reich. Circumstances were such that he gave no thought to defending the city until it was much too late for any kind of advance planning. Thus the city’s defense was characterized only by a mass of improvisations. These reveal a state of total confusion in which the pressure of the enemy, the organizational chaos on the German side, and the catastrophic shortage of human and material resources for the defense combined with disastrous effect. “The author describes these conditions in a clear, accurate report which I rate very highly. He goes beyond the more narrow concept of planning and offers the first German account of the defense of Berlin to be based upon thorough research. I attach great importance to this study from the standpoint of military history and concur with the military opinions expressed by the author.”-Foreword by Generaloberst a.D. Franz Halder.
This revised and fully up-to-date English translation of the 7th edition of the Casebook Verfassungsrecht includes a new outline of the German constitution, the BVerfG Court, and its jurisprudence. It condenses more than six decades of constitutional jurisprudence in order to familiarize readers with the style, technique, and language of the Court. As well as an analysis of the general principles of German constitutional law, the book covers the salient articles of the German Constitution and offers relevant extracts of the Court's most important decisions on the provisions of the Basic Law. It provides notes and discussions of landmark cases to illustrate their legal and historical context and give the reader a clear understanding of the principles governing German constitutional law. The book covers the fundamental rights catalogue of the Basic Law and offers a comprehensive account of its intellectual moorings. It includes landmark jurisprudence on the equal treatment of same-sex couples, life imprisonment, the legal structure of property, the right to assembly, and the right to informational self-presentation. The book also covers the provisions and respective case law governing the state structure of Germany, for instance the recent decisions on the prohibition of the far-right German nationalist party, and the Court's jurisprudence on European integration, including the most recent decisions on the OMT-program of the European Central Bank.
Isaiah Berlin (1909-97) was recognized as Britain's most distinguished historian of ideas. Many of his essays discussed thinkers of what this book calls the 'long Enlightenment' (from Vico in the eighteenth century to Marx and Mill in the nineteenth, with Machiavelli as a precursor). Yet he is particularly associated with the concept of the 'Counter-Enlightenment', comprising those thinkers (Herder, Hamann, and even Kant) who in Berlin's view reacted against the Enlightenment's naïve rationalism, scientism and progressivism, its assumption that human beings were basically homogeneous and could be rendered happy by the remorseless application of scientific reason. Berlin's 'Counter-Enlightenment' has received critical attention, but no-one has yet analysed the understanding of the Enlightenment on which it rests. Isaiah Berlin and the Enlightenment explores the development of Berlin's conception of the Enlightenment, noting its curious narrowness, its ambivalence, and its indebtedness to a specific German intellectual tradition. Contributors to the book examine his comments on individual writers, showing how they were inflected by his questionable assumptions, and arguing that some of the writers he assigned to the 'Counter-Enlightenment' have closer affinities to the Enlightenment than he recognized. By locating Berlin in the history of Enlightenment studies, this book also makes a contribution to defining the historical place of his work and to evaluating his intellectual legacy.
A robust defense of democratic populism by one of America’s most renowned and controversial constitutional scholars—the award-winning author of We the People. Populism is a threat to the democratic world, fuel for demagogues and reactionary crowds—or so its critics would have us believe. But in his award-winning trilogy We the People, Bruce Ackerman showed that Americans have repeatedly rejected this view. Now he draws on a quarter century of scholarship in this essential and surprising inquiry into the origins, successes, and threats to revolutionary constitutionalism around the world. He takes us to India, South Africa, Italy, France, Poland, Burma, Israel, and Iran and provides a blow-by-blow account of the tribulations that confronted popular movements in their insurgent campaigns for constitutional democracy. Despite their many differences, populist leaders such as Nehru, Mandela, and de Gaulle encountered similar dilemmas at critical turning points, and each managed something overlooked but essential. Rather than deploy their charismatic leadership to retain power, they instead used it to confer legitimacy to the citizens and institutions of constitutional democracy. Ackerman returns to the United States in his last chapter to provide new insights into the Founders’ acts of constitutional statesmanship as they met very similar challenges to those confronting populist leaders today. In the age of Trump, the democratic system of checks and balances will not survive unless ordinary citizens rally to its defense. Revolutionary Constitutions shows how activists can learn from their predecessors’ successes and profit from their mistakes, and sets up Ackerman’s next volume, which will address how elites and insiders co-opt and destroy the momentum of revolutionary movements.
Following World War II, the Soviet Union drew an Iron Curtain across Europe, crowning its efforts with a blockade of West Berlin in a desperate effort to prevent the creation of an independent, democratic West Germany. The United States and Great Britain, aided by France, responded with a daring air logistical operation that in fifteen months delivered almost three million tons of coal, food, and other necessities to the people of Berlin. Now, drawing on rare U.S. Air Force files, recently declassified documents from the National Archives, records released since the collapse of the Soviet Union, and the memories of airlift veterans themselves, Roger G. Miller provides an original study of the Berlin Airlift. The Berlin Airlift was an enterprise of epic proportions that demonstrated the power of air logistics as a political instrument. What began as a hastily organized operation by a small number of warweary cargo airplanes evolved into an intricate bridge of aircraft that flowed in and out of Berlin through narrow air corridors. Hour after hour, day after day, week after week, a stream of airplanes delivered everything from food and medicine to coal and candy in defiance of breakdowns, inclement weather, and Soviet hostility. And beyond the airlift itself, a complex system of transportation, maintenance, and supply stretching around the world sustained operations. Historians, veterans, and general readers will welcome this history of the first Western victory of the Cold War. Maps, diagrams, and more than forty photographs illustrate the mechanical inner workings and the human faces that made that triumph possible.
In a remarkably innovative reconstruction of constitutional history, Robert Burt traces the controversy over judicial supremacy back to the founding fathers. Also drawing extensively on Lincoln's conception of political equality, Burt argues convincingly that judicial supremacy and majority rule are both inconsistent with the egalitarian democratic ideal. The first fully articulated presentation of the Constitution as a communally interpreted document in which the Supreme Court plays an important but not predominant role, The Constitution in Conflict has dramatic implications for both the theory and the practice of constitutional law.
An introduction to the study of the German constitution, beginning with an overview of the essential features of the Basic Law of Germany. The book goes on to analyze a number of decisions of the German Constitutional Court and contrasts German constitutional law with the American model.