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Constitutional courts and constitutional rights PDF

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Constitutional Courts and Constitutional Rights Faculty of Law University of Toronto Fall 2005 Professor Lorraine E. Weinrib Aharon Barak, President, Supreme Court of Israel Dieter Grimm, Former Justice, German Constitutional Court Additional required and recommended reading can be found on THE COURSE WEBSITE. These materials are not to be considered published. They have Storage 3EEN PREPARED SOLELY FOR THE EDUCATIONAL USE OF STUDENTS AT THE K Faculty of Law, University of Toronto and are sold at cost. 3240 . c66 ian Bell assisted in the preparation of these materials. 2005 c. 1 BORA LASKINIAT LIBRARY SEP 1 4 2005 FACULTY OF LmV UNIVERSITY OF TORONTO Constitutional Courts and Constitutional Rights Faculty of Law University of Toronto Fall 2005 Professor Lorraine E. Weinrib Aharon Barak, President, Supreme Court of Israel Dieter Grimm, Former Justice, German Constitutional Court Additional required and recommended reading can be found on THE COURSE WEBSITE. These materials are not to be considered published. They have BEEN PREPARED SOLELY FOR THE EDUCATIONAL USE OF STUDENTS AT THE Faculty of Law, University of Toronto and are sold at cost. Ian Bell assisted in the preparation of these materials. Digitized by the Internet Archive in 2018 with funding from University of Toronto https://archive.org/details/constitutionalco00wein_2 Constitutional Courts and Constitutional Rights Fall 2005 Table of Contents A. Germany Introductory Reading Dieter Grimm, “Human Rights and Judicial Review in Germany”. 1 Constitutional Document Basic Law for the Federal Republic of Germany (selections). 16 Basic Rights (Arts. 1-19). 16 Arts. 20-21 [Basic institutional principles]. 23 Art. 79 [Amendment of the Basic Law]. 25 The Judiciary (Arts. 92-104). 26 Case Law The Southwest Case, 1 BVerfGE 14(1951). 30 The Luth Case, 7 BVerfGE 198 (1958). 35 The Microcensus Case, 27 BVerfGE 1 (1969). 41 The Mephisto Case, 30 BVerfGE 173 (1971). 43 The Life Imprisonment Case, 45 BVerfGE 187 (1977). 48 The Census Act Case, 65 BVerfGE 1 (1983). 56 The Soldiers are Murderers Case, 93 BVerfGE 266 (1995). 60 The Holocaust Denial Case, 90 BVerfGE 241 (1994). 81 The Abortion Case (I), 39 BVerfGE 1 (1975). 87 The Abortion Case (II), 88 BVerfGE 203 (1993). 101 The Classroom Crucifix Case, 93 BVerfGE 1 (1995). 109 The Homosexuality Case, 6 BVerfGE 389 (1957). 124 The Transsexual Case, 49 BVerfGE 286 (1979). 129 B. Israel Introductory Reading I. Zamir and A. Zysblat, Public Law in Israel. 130 Constitutional Documents Declaration of Israel’s Independence 1948 . 140 Basic Laws of the State of Israel (selections). 141 The Judiciary (1984). 141 Human Dignity and Liberty (1992). 145 Freedom of Occupation (1994). 146 Case Law Meir Schnitzer v. The Chief Military Censor, 1989. 148 El A1 Airlines v. Danielowitz, 1994 . 179 United Mizrachi Bank v. Migdal Cooperative Village. 204 Public Committee Against Torture in Israel v. The State of Israel, 1999. 222 Muhammed Bakri v. Israeli Film Council, 2003. 249 Physicians for Human Rights v. Commander of the IDF Forces in the Gaza Strip, 2004.... 283 Beit Sourik Village v. The Government of Israel, 2004. 300 Ka’adan v. The Israel Land Administration, 2000 . 336 Summary of Disengagement Opinion, June 2005 ... 372A C. Canada Constitutional Document The Canadian Charter of Rights and Freedoms, 1982. 373 D. South Africa Constitutional Document Constitution of the Republic of South Africa, 1996 (selections)... 381 Preamble. 381 Chapter 1, Founding Provisions. 382 Chapter 2, Bill of Rights. 382 Case Law S. v Makwanyane, 1995 (6) BCLR 665 (CC). 393 National Coalition for Gay and Lesbian Equality v. Minister of Justice, 1998 (12) BCLR 1517 (CC). 417 E. United States of America Constitutional Documents The Declaration of Independence of the Thirteen Colonies. 432 Constitution of the United States: Bill of Rights. 436

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