A Justice of the Second Senate at the Federal Constitutional Court of Germany Dr. Sibylle Kessal-Wulf, has sensitised law students on the Constitutional Court of Germany and the Basic Law.
According to her, the constitutional court was established to protect the basic law of Germany and had unfettered powers to nullify any enactment that contravenes the basic laws of the land.
” The primary function of the constitutional court as a guardian of the constitution is to ensure that no political group has the power to bend the law,” she explained.
Justice Dr. Kessal-Wulf was speaking at a public lecture at the University of Cape Coast on the topic: “The Overview of the German Constitutional Court,”
It was attended by levels 200 and 300 students of the Faculty.
Composition of the Federal Constitutional Court of Germany
The Court is composed of two Senates, each with eight members. The President is currently Chairman of the First Senate, the Vice-President is the Chairman of the Second Senate.
In both Senates, according to her, there were several chambers, each with three members.
“The 16 judges are each supported by four research assistants,” Justice Dr. Sibylle Kessal-Wulf pointed out.
She said the Court regularly had several years of professional experience at specialist courts, authorities, law firms, or jurisprudence.
At least three members of each Senate must come from the highest federal courts (Federal Court of Justice, Federal Administrative Court, Federal Finance Court, Federal Labor Court, and Federal Social Court) so that their special judicial experience can be incorporated into the jurisprudence of the Federal Constitutional Court.
Justice Dr Kessal-Wulf said any person who had reached the age of 40 and is qualified to hold judicial office in accordance with the German Judiciary Act is eligible.
“The judges are elected for twelve years; the age limit is 68 years of age. To secure their independence, re-election is excluded,” she added.
Functions of the Court
Dr. Kessal-Wulf, noted that the relations between the national constitutional organs must be influenced by mutual respect among the political class and the judiciary.
However, she said some criticisms from the political class on major constitutional cases did not promote mutual relations.
She added that “the laws of the country must never be adapted to politics but politics to the law.”
‘The primary function of the constitutional court as a guardian of the constitution is to ensure that no political group has the power to bend the law’ said Justice Kassal-Wulf.
For her part, the Dean of the Faculty of Law, Mrs. Julia Selman-Ayetey, chairing the function, commended Justice Dr. Kessal-Wulf for the wealth of knowledge she has shared with faculty and the students.
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Source: Documentation and Information Section-UCC
