Judicial Review by the Federal Constitutional Court
Article The constitution
The Federal Constitutional Court is the guardian of the constitution. It determines whether a law complies with the Basic Law or not.
According to Article 93 of Germany’s constitution, the Basic Law, the Federal Constitutional Court decides on the constitutionality of federal laws and in certain cases of state laws as well.
The court does not act on its own initiative; rather, it responds to requests to review the constitutionality of a law or of individual statutory provisions.
Requests may be submitted by the following:
- individuals
- one-quarter of the members of the German Bundestag
- the Bundesrat
- the Federal Government
- governments of the federal states
Article 93 of the Basic Law and the Act on the Federal Constitutional Court (Gesetz über das Bundesverfassungsgericht) define who may submit a request and under which conditions.
