Der Einfluss der Landesverfassungsgerichte auf das Parlamentsrecht der deutschen Bundesländer

Abstract

It is well known that constitutional courts contribute strongly to the development of fundamental rights. But, how about their impact on parliamentary law? Is the extension of parliamentary minority rights, which could be observed during the last two decades in almost all German Länder, partly due to their jurisdiction? This question is examined based on the decisions of the constitutional courts in the German federal states. In the context of so-called "Organstreitverfahren," they decide on the extent of the rights and duties of supreme state institutions which gives them the opportunity to advance parliamentary law. The analysis shows, however, that the impact of the constitutional courts on the expansion of parliamentary minority rights is low in spite of the considerable extent of their jurisdiction.

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