M. Eberl

Verfassung und Richterspruch M. Eberl German edition

The study looks at the question of the legitimacy of the constitutional jurisdiction. If the arguments about the constitutional jurisdiction are examined, then it becomes clear that this question not only worries legal philosophers but is also considered necessary to explain in the political sphere. It appears to be present in the political public of many democracies. This definitely holds true of democracies in which the institution of the constitutional jurisdiction is established. It also applies to democracies in which the embodiment of jurisdictional competence and institution profiles are taken into account. The work in hand concerns the question of whether jurisdiction should actually include constitutional jurisdictional authority. For this, questions particularly from the areas of legal philosophy and political theory need to be settled. Are Constitutional Courts and the means of constitutional jurisdiction suitable to coordinate activities? Which understanding of the democratic rule and legitimacy is appropriate and meaningful?