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The Basic Law at 60 - Equality and Difference: a Proposal for the Guest List to the Birthday Party
University of Michigan Law School University of Michigan Law School Scholarship Repository Articles Faculty Scholarship 2010 The aB sic Law at 60 - Equality and Difference: A Proposal for the Guest List to the Birthday Party Susanne Baer University of Michigan Law School, [email protected] Available at: https://repository.law.umich.edu/articles/33 Follow this and additional works at: https://repository.law.umich.edu/articles Part of the Civil Rights and Discrimination Commons, Comparative and Foreign Law Commons, Constitutional Law Commons, and the Law and Gender Commons Recommended Citation Baer, Susanne. "The asicB Law at 60 - Equality and Diffeernce: A Proposal for the Guest List to the Birthday Party." German L. J. 11 (2010): 67-87. This Article is brought to you for free and open access by the Faculty Scholarship at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Articles by an authorized administrator of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. The Basic Law at 60 - Equality and Difference: A Proposal for the Guest List to the Birthday Party By Susanne Baer A. Introduction This birthday gives rise to many considerations. Some reflect upon achievements - the German constitution, named "Basic Law", has proven to work although many did not believe in it when it was framed. Others emphasize desiderata. Sabine Berghahn commented at the 50th birthday that it has developed "far too slowly and [some] has even gone completely wrong." ' Jutta Limbach, former President of the Federal Constitutional Court, observed that constitutional history was "anything but regal, but very difficult and full of obstacles. -
MK 2-2021-Web.Pdf
2 – Debatte: Die Corona-Pandemie und das Recht Jahrbuch des öffentlichen Rechts der Gegenwart (JöR) Neue Folge, Band 69 Herausgegeben von Oliver Lepsius, Angelika Nußberger, Christoph Schönberger, Christian Waldhoff und Christian Walter eBook-Sonderausgabe zur Corona-Pandemie Die vorliegende eBook-Sonderausgabe macht die Beiträge zur »Debatte« im aktuellen Jahrbuch des öffentlichen Rechts der Gegenwart (JöR) im Paket zugänglich. Darin geht es um die vielfältigen Rechtsfragen, die die Corona- Pandemie hervorgerufen hat. Sie hat nicht nur zu den massivsten Grund- rechtseingriffen seit 1949 geführt, es stellen sich auch heikle Fragen, welches Staatsorgan in dieser faktischen Notstandssituation eigentlich handeln darf und muss. Ist die Krise wirklich die »Stunde der Exekutive«? Hat sich der Deutsche Bundestag zu sehr zurückgehalten? In welchen Rechtsformen muss der »Lockdown« vollzogen werden? Wie verarbeitet der politische Prozess das medizinisch-naturwissenschaftliche Wissen oder genauer: die dort herr- schende Ungewissheit? Kommen finanzielle Entschädigungen für die durch die massiven staatlichen Eingriffe hervorgerufenen Schäden in Betracht? Inhaltsübersicht: Gunnar Folke Schuppert: Die Corona-Krise als Augenöffner. Ein rechts- und damit zugleich kultursoziologischer Essay – Hannah Ruschemeier: Neues Virus, alte Rechtsfragen? Beobachtungen zur Pandemiedebatte – Felix Jahrbuch des öffentlichen Rechts Schmitt: Solutionismus, Technokratie und Entdemokratisierung. Corona und der Gegenwart. Neue Folge Herausgegeben von Oliver die langen Stunden -
Be a Victor for Michigan Law Law.Umich.Edu/Campaign
04 A MESSAGE FROM DEAN WEST 0 8 BRIEFS 10 Senior Day 16 IN PRACTICE 16 Bringing Stability to the California Bar 18 Monitoring VW’s Compliance Reforms 20 COVER STORY 20 The Tech (R)evolution in Law 32 FEATURES 32 Managing Millennium 38 The Wide-Reaching Legacy of L. Hart Wright 40 @UMICHLAW 40 Luxembourg Forum 2017 42 Reunion Recap 45 Michigan Guidelines on Refugee Freedom of Movement 54 IMPACT 64 CLASS NOTES 67 Generation 9-11 Fights for Social Justice 72 Brewing Up a Unique Look at Chicago 78 IN MEMORIAM 80 CLOSING HIGHLIGHTS NAVIGATING DIRECT ROMAN MLAW-DAY SALES IN CHINA 13 34 CLEVELAND ROCKS FROM MICHIGAN TO MALI 36 75 THE NEWEST MEMBERS OF THE MICHIGAN LAW FAMILY began their 1L year by participating in Service Day at locations throughout Detroit, after a welcome address by Mayor Michael Duggan, ‘83. Even the famed Spirit of Detroit statue featured some maize and blue in honor of U-M’s bicentennial. Fall 2017 • Law Quadrangle 2 3 Law Quadrangle • Fall 2017 BRIEFS OPENING 5 Quotes You’ll See… …In This Issue of the Law Quadrangle 1. “ We must quit throwing sand at each other in the sandbox and realize there’s very few of us in this sandbox. The game is being played somewhere else.” (p. 22) 2. “ I care about the reputation of the hedge fund industry for the hedge fund industry’s sake because I’m part of it. If I can help make it more effective, more well received by regulators around the world, then we’re all better off.” (p. -
Crime and Punishment in the US: Political Systems and Technology Regime Change
Crime and Punishment in the US: Political Systems and Technology Regime Change Nicola Lacey and David Soskice LSE Law, Society and Economy Working Papers 22/2019 London School of Economics and Political Science Law Department This paper can be downloaded without charge from LSE Law, Society and Economy Working Papers at: www.lse.ac.uk/collections/law/wps/wps.htm and the Social Sciences Research Network electronic library at: https://ssrn.com/abstract=3492701 © Nicola Lacey and David Soskice. Users may download and/or print one copy to facilitate their private study or for non-commercial research. Users may not engage in further distribution of this material or use it for any profit-making activities or any other form of commercial gain. This paper can be downloaded without charge from LSE Law, Society and Economy Working Papers at: www.lse.ac.uk/collections/law/wps/wps.htm and the Social Sciences Research Network electronic library at: http://ssrn.com/abstract=[number]. Crime and Punishment in the US: Political Systems and Technology Regime Change Nicola Lacey and David Soskice* Abstract: One of the most extraordinary social science phenomena of the postwar period has been the rise in violent crime in large American cities from the 1970s to the mid 1990s and the consequent rise in incarceration; and then its subsequent dramatic decline in most of those cities and the correspondingly decisive decline in the increase in imprisonment. An echo of these ‘waves’ occurred in almost all advanced economies; but their amplitude in the US case is quite exceptional. We seek to explain: why the waves, and why the exceptional American amplitude? Comparative political economy has had little to say in recent decades about American exceptionalism in general and about American crime and punishment in particular. -
Why Are the Truly Disadvantaged American, When the UK Is Bad Enough?
Why are the Truly Disadvantaged American, when the UK is Bad Enough? A political economy analysis of local autonomy in criminal justice, education, residential zoning Nicola Lacey* and David Soskice** Abstract In terms of key criminal justice indices such as the rate of the most serious violent crime and the imprisonment rate, the United States not only performs worse than other advanced democracies, but does so to a startling degree. Moreover these differences have become more extreme over the last half century. For example, the imprisonment rate, which was double that in England and Wales in 1970, is today five times higher, notwithstanding the fact that the rate in England and Wales has itself more than doubled during that period. And while, at between 4 and 5 times the English level, the American homicide rate is broadly comparable today with that in 1950 (when it was nearly 6 times the English level) it reached ten times that level in the late 1970s . These differences are widely recognised. What is less often recognised in comparative criminal justice scholarship is that these differences in criminal justice variables sit alongside stark differences in other key social indicators, notably in inequality of educational outcomes and in residential socio- economic and racial segregation, where the United States also does worse than other liberal market countries with similar economic and welfare systems. The comparison with other Liberal Market Economies such as the UK and New Zealand is even more striking in the light of their own poor performance on all these variables as compared to the Co-ordinated Market Economies of Northern Europe and Japan. -
Understanding the Determinants of Penal Policy: Crime, Culture and Comparative Political Economy
Understanding the Determinants of Penal Policy: crime, culture and comparative political economy Nicola Lacey, David Soskice and David Hope Working paper 13 July 2017 III Working paper 13 Nicola Lacey, David Soskice and David Hope LSE International Inequalities Institute The International Inequalities Institute (III) based at the London School of Economics and Political Science (LSE) aims to be the world’s leading centre for interdisciplinary research on inequalities and create real impact through policy solutions that tackle the issue. The Institute provides a genuinely interdisciplinary forum unlike any other, bringing together expertise from across the School and drawing on the thinking of experts from every continent across the globe to produce high quality research and innovation in the field of inequalities. For further information on the work of the Institute, please contact the Institute Manager, Liza Ryan at [email protected]. International Inequalities Institute The London School of Economics and Political Science Houghton Street London WC2A 2AE Email: [email protected] Web site: www.lse.ac.uk/III @LSEInequalities LSE Inequalities © Nicola Lacey, David Soskice, David Hope. All rights reserved. Short sections of text, not to exceed two paragraphs, may be quoted without explicit permission provided that full credit, including notice, is given to the source. 2 III Working paper 13 Nicola Lacey, David Soskice and David Hope Abstract This review sets out four main explanatory paradigms of penal policy—focusing on, in turn, crime, cultural dynamics, economic structures and interests, and institutional differences in the organisation of different political economies as the key determinants of penal policy. -
PCAP NEWS March 2017
PCAP NEWS March 2017 The PCAP newsletter aims to keep incarcerated artists, writers, and performers informed of what the Prison Creative Arts Project (PCAP) is doing and how to be involved. If you know someone who would like to receive this newsletter, please have them write to us. PCAP Donates Art to Federal Court Justices by Ashley Lucas On January 30, 2017 the University of Michigan hosted a joint conversation between United States Supreme Court Justice Sonia Sotomayor and Justice Susanne Baer of the Federal Constitutional Court of Germany—that country’s highest court. Justice Sotomayor was presented with an honorary doctorate of law degree, an honor which Justice Baer had also received in 2014. After Justice Sotomayor was officially given her ceremonial degree, she unexpectedly took over the microphone and said, “Now I can officially say, ‘Go, Blue!’” Sonia Sotomayor was born in New York City in 1954, the child of working class Puerto Rican parents. Sotomayor became one of the first minority students to gain admittance to Princeton University, where she graduated summa cum laude in 1976. She earned her law degree from Yale University in 1979. President Barack Obama nominated her for the U.S. Supreme Court, where she has been an Associate Justice since 2009. She is the first Latina and third woman to hold the post of U.S. Supreme Court Justice. Her rulings in U.S. Supreme Court cases have provided greater legal rights for juveniles at the time of their arrests, undocumented immigrants, and people Justice Sotomayor with “The Lifer” by Martin Vargas serving life sentences that were given to them as juveniles. -
Book Review Humanizing the Criminal Justice Machine: Re-Animated Justice Or Frankenstein’S Monster?
BOOK REVIEW HUMANIZING THE CRIMINAL JUSTICE MACHINE: RE-ANIMATED JUSTICE OR FRANKENSTEIN’S MONSTER? THE MACHINERY OF CRIMINAL JUSTICE. By Stephanos Bibas. New York, N.Y.: Oxford University Press. 2012. Pp. xxxii, 285. $75.00. Reviewed by Nicola Lacey∗ The American criminal justice system is broken. This claim, in one form or another, commands wide support among those who study criminal justice.1 But the view that the system is in urgent need of re- form marks the limit of scholarly consensus. As soon as one moves to specifics — to analysis of the particular ways in which the system is defective or problematic; to interpretation of why these defects or problems have arisen; and perhaps above all, to elaboration of possible solutions and institutional reforms — one encounters not only the sort of variety that is to be expected in any vibrant field of scholarship, but also fundamental differences of diagnosis and prescription. Some scholars see the “collapse” of criminal justice in terms of mac- ro forces beyond the criminal justice system itself. Among these schol- ars, some point to the politically opportunistic “federalization” of crim- inal policy and counsel a renewed focus on local democratic control.2 Other scholars diagnose an excess rather than a deficit of democracy, pointing to the ways in which the diffusion of elected positions in not only the design but also the delivery of criminal justice policy has en- couraged pragmatic, unprincipled policymaking and executive deci- sionmaking in the pursuit of electoral gain.3 These scholars according- ly counsel the construction of policymaking structures that operate at ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Senior Research Fellow, All Souls College, Oxford; Professor of Criminal Law and Legal Theory, University of Oxford. -
Institutionalising Limits on Punishment in Contemporary Social and Political Systems
Nicola Lacey and Hanna Pickard The chimera of proportionality: institutionalising limits on punishment in contemporary social and political systems Article (Accepted version) (Refereed) Original citation: Lacey, Nicola and Pickard, Hanna (2015) The chimera of proportionality: institutionalising limits on punishment in contemporary social and political systems. The Modern Law Review. 78 (2). pp. 216-240. ISSN 0026-7961 © 2015 The Authors. The Modern Law Review © 2015 The Modern Law Review Limited This version available at: http://eprints.lse.ac.uk/60380/ Available in LSE Research Online: April 2015 LSE has developed LSE Research Online so that users may access research output of the School. Copyright © and Moral Rights for the papers on this site are retained by the individual authors and/or other copyright owners. Users may download and/or print one copy of any article(s) in LSE Research Online to facilitate their private study or for non-commercial research. You may not engage in further distribution of the material or use it for any profit-making activities or any commercial gain. You may freely distribute the URL (http://eprints.lse.ac.uk) of the LSE Research Online website. This document is the author’s final accepted version of the journal article. There may be differences between this version and the published version. You are advised to consult the publisher’s version if you wish to cite from it. The chimera of proportionality: institutionalising limits on punishment in contemporary social and political systems Nicola Lacey* and Hanna Pickard**1 Key words: Proportionality; punishment; desert theory; retributivism; comparative political economy; evolutionary psychology Abstract: The concept of proportionality has been central to the retributive revival in penal theory, and is the main idea underlying desert theory’s normative and practical commitment to limiting punishment. -
Der Botschafter Für Rechte Von Lesben Und Schwulen Aus Afrika
10 20 Dezember 10 03/ BADEN- WÜRTTEMBERG Regierung verweigert Gleichstellung REGENBOGENFAMILIEN Berlin sucht Pflegeeltern FUßBALL Schwule Bälle im Kommen PFARRDIENSTRECHT Kleiner Segen für Homosexuelle STUDIE Doppelte Diskriminierung GEWÄHLT Susanne Baer wird Verfassungsrichterin Der Botschafter für Rechte von Lesben und Schwulen aus Afrika HIRSCHFELD-EDDY - STIFTUNG inhalt! TITEL INITIATIVEN KIRCHENPOLITIK 05 Menschenrechtsrat 12 § 175 Strafgesetzbuch 20 Pfarrdienstrecht Jide Macaulay bei der UN Verstoß gegen Diskriminierende Passagen Menschenrechte korrigieren verhindert POLITIK 13 Lesben 20 Mission Aufklärung Plädoyer für mehr Offenheit Onlineportal 06 Die Neue Susanne Baer wird Verfassungsrichterin LÄNDER WISSENSCHAFT 06 3+ 16 Eltern gesucht 21 Studie Gewichtige Unterstützung Berliner Kampagne für Lesben und Schwule mit Pflegefamilien Migrationshintergrund BUNDESVERBAND 17 Fußball Initiativen aus Berlin und GEDENKEN 08 Beamtenrecht Hessen Tabelle Gleichstellung in den 22 Zukunft der Erinnerung Ländern 18 Schulpolitik Verfolgung nicht vergessen Richtlinie Sexualerziehung im 09 Baden-Württemberg Saarland ändern Regierung blockiert RUBRIKEN Gleichstellung 19 Bundesverdienstkreuz Im Portrait Ingrid Klebon 02 Impressum 10 Bundeswehr Homosexualität ist tabu 03 Editorial 11 Steuerrecht 04 Pressespiegel Gleichstellung mangelhaft Seite 07 Seiten 23-26 Seiten 14-15 v v : Burghard Mannhöfer/ LSVD-Archi Mannhöfer/ : Burghard Foto Grafik: LSVD-Archi Grafik: Foto: Justizbehörde Hamburg Justizbehörde Foto: Justizministerkonferenz Hirschfeld-Eddy-Stiftung -
Interview with Jeremy Horder, the New Head of LSE Law LSE Law Ranked
2015/16 Interview with Jeremy Horder, the new Head of LSE Law LSE Law ranked first among UK law schools Damian Chalmers on An Open Europe Contents 2 3 FACULTY INSIGHTS 3 LLM Graduate Laila Hamzi Selected for Coveted ICJ Traineeship Lunch with the Editor 37 3 Interview with Jeremy Horder, LSE Wins Jessup Cup 2015 Head of Department, LSE Law 38 Number 1, Again! Taylor Wessing 8 LSE Law’s REF results 40 Commercial Challenge An Open Europe: interview LLB and LLM Prizes 10 with Damian Chalmers 42 One minute in the mind of... 16 Veerle Heyvaert PHD PROFILES 44 Lewina Coote: On Secret Justice 18 Finance Officer... and the 44 Department’s “Butterfly” Constituent power and social Obituary: 46 justice in postcolonial India: 20 Mike Redmayne my intellectual journey so far Appointments, Tackling Your Topic 24 Awards and Staff Changes 50 and Yourself New books The Lake Home 27 52 LSE Ratio is published by LSE Law at the London School of Economics and Political Science, Houghton Street, London WC2A 2AE. Tel: +44 (0)20 7955 7688. PhD Completions Email: [email protected] STUDENT NEWS 28 56 Executive Editor: Bradley Barlow. General Editor: Tom Poole. Let Us Learn: campaigning Contributing Editors: Devika Hovell, Jo Murkens, Chris Thomas, Emmanuel Voyiakis. EVENTS 58 Art and design: Jonathan Ing, LSE Design Unit. 28 for equal access Photography: Guy Jordan and Nigel Stead, LSE School Photographer. Illustrations: Jonathan Ing, Elizabeth Mosley, Ailsa Drake. LSE Design Unit. Leaving the EU? A Year in the Sun LSE holds the dual status of an exempt charity under Section 2 of the Charities Act 30 58 1993 (as a constituent part of the University of London), and a company limited by guarantee under the Companies Act 1985 (Registration no. -
Susanne Baer* DIGNITY, LIBERTY, EQUALITY: a FUNDAMENTAL RIGHTS TRIANGLE of CONSTITUTIONALISM† What Is the Relationship Among F
Susanne Baer* DIGNITY, LIBERTY, EQUALITY: A FUNDAMENTAL RIGHTS TRIANGLE OF CONSTITUTIONALISM† What is the relationship among fundamental rights to equality, to liberty, and to dignity? In several political and legal contexts, developments in equality law tend to be stalled by reference to dignity and have traditionally been limited based on an understanding that equality collides with liberty – as in the ideological opposition between socialism and capitalist liberalism, as in most balancing theories, and as in philosophical concepts of rights that trump one another. In addition, all three fun- damental rights have been conceptualized in rather ambivalent ways, with some domi- nant as well as some relatively silenced philosophical (including religious) interpretations. Equality, liberty, and, particularly ambivalent, dignity carry burdens that serve as entry points for rather problematic ways of interpreting these notions. Dignity is either defined as an abstract principle or narrowed down to a right against extreme abuse, and it has been charged with moralistic ideology. Liberty and equality have mostly been set on a collision course, balanced against each other, with ideological baggage of their own. Observations in comparative consti- tutionalism reveal that, in some jurisdictions, dignity tends to become a black box, while equality tends to be limited by using dignity and liberty tends to trump the other two. Such studies, however, also provide inspiration for a new approach to all three fundamental rights. I propose here that we rethink their histories as well as current developments. I suggest a triangle of fundamental rights as a more appropri- ate metaphor to understand the complexity of cases that arise in the area and to better decide them.