Contents of my course contribution [updated]
Slide 1: Constitutional development by the constitutional courts: phenomenon, legitimacy, merits and limits (see now updated version 2025/26)
Constitutional Development and Principles of Good Governance [2024/25] Contribution to the course from the perspective of comparison of laws |
30.06.25 |
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Semester 2, 2024/25 (Intern. LL.M Program); Wednesday, 14.02.2025, 13:00 - 14:40, and 19.02., 26.02., 05.03. and 12.03.2025, 08:00 - 09:40, room B.2.1 |
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[ Home ] [ Courses and course contributions ] [ Downloads ] [ This course in Semester 1, 2025/26 ] |
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Final note
After the end of the course this website has been finished. It will stay available for the purpose of deepening and repetition. Thank you for your interest and commitment. You are always welcome to contact me for any comments or questions. With best wishes for your future studies, yours Prof. Dr. Thomas Schmitz
Course Contribution Description
At the Faculty of Law of Universitas Gadjah Mada the courses are shared by several lecturers. This website informs about my lectures in February and March 2025. They complement those of my colleagues Dr. Andi Omara and Dr. Richo Wibowo from a comparative perspective.
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Contents of my course contribution [updated] |
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Slide 1: Constitutional development by the constitutional courts: phenomenon, legitimacy, merits and limits (see now updated version 2025/26) |
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Slide 2: The rule of law as a core principle of good governance |
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Diagram:
The principle of the rule of law in the modern constitutional state
(from the course Comparative Constitutional Law 2022) |
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Diagram 1: Elements of the rule of law as criteria for the legality of the admin. act - the example of German admin. law |
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How to answer exam questions |
Contents (summary/details)
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§ 1 Constitutional development by the constitutional courts: phenomenon, legitimacy, merits and limits |
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§ 2 The rule of law as a core principle of good governance |
Links
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concerning § 1 II: Aileen Kavanagh, The Idea of a Living Constitution, in: Canadian Journal of Law & Jurisprudence 16 No. 1 (2003), 55 ff.; |
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concerning § 1 III: Fatima Idrees, Constitutional Development of USA through Judicial Interpretation, 2024 (short paper); Jörg Neuner, Judicial development of law, in: Karl Riesnhuber (editor), European Legal Methodology, 2017, § 12, p. 291 ff. (on judicial development of European Union law); see also: Irman Putra; Arief Fahmi Lubis, Judicial Review and Constitutional Interpretation: The Development of the Role of the Indonesian Constitutional Court, in: West Science Law and Human Rights 1 No. 4 (2023), p. 318 ff |
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concerning § 1 VI: Konrad Adenauer Stiftung; Russel A. Miller: The American Supreme Court in Crisis? Interview Concerning the Judicial Crisis in the United States, 2023; Fred Wertheimer, A Rogue Supreme Court, Democracy 21, 01.08.2024; Nina Totenberg; Sarah McCammon, Supreme Court overturns Roe v. Wade, ending right to abortion upheld for decades, NPR 24.06.2022 |
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concerning § 2 I: UNESCAP, What is Good Governance? |
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concerning § 2 II-V: Venice Commission, Rule of Law Checklist, 2016; Gertrude Lübbe-Wolff, The Principle of Proportionality in the Case-Law of the German Federal Constitutional Court, HRLJ 34 (2014), 12; Luka Anđelković, The elements of Proportionality as a Principle of Human Rights Limitations, Law and Politics 15 (2017), no. 3, 235; Thomas Schmitz, Observations on the Role of the Rule of Law in Times of Globalisation and Populism, IC-GLOW 2018 |
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concerning § 2 VI: Thomas Schmitz, The requirements of the legality of the administrative decision in German and European law, conference paper 2013; SIGMA, Checklist for a General Law on Administrative Procedures, 2005; Committee of Ministers of the Council of Europe, Recommendation CM/Rec(2007)7 on good administration |