Notre Dame Law School NDLScholarship Journal Articles Publications 1971 Politics and Jurisprudence in West Germany: State Financing of Political Parties Donald P. Kommers Notre Dame Law School,
[email protected] Follow this and additional works at: https://scholarship.law.nd.edu/law_faculty_scholarship Part of the Comparative and Foreign Law Commons, Constitutional Law Commons, Jurisprudence Commons, and the Law and Politics Commons Recommended Citation Donald P. Kommers, Politics and Jurisprudence in West Germany: State Financing of Political Parties, 16 Am. J. Juris 215 (1971). Available at: https://scholarship.law.nd.edu/law_faculty_scholarship/862 This Article is brought to you for free and open access by the Publications at NDLScholarship. It has been accepted for inclusion in Journal Articles by an authorized administrator of NDLScholarship. For more information, please contact
[email protected]. POLITICS AND JURISPRUDENCE IN WEST GERMANY: STATE FINANCING OF POLITICAL PARTIES Donald P. Kommers* I. INTRODUCTION THE RELATIONSHIP between political parties and representative government has been an important consideration in the constitutional jurisprudence of the Federal Republic of Germany. This jurisprudence forms a fascinating chapter in the postwar development of German constitutional law, not only because the Federal Constitutional Court has gone further than any other constitu- tional tribunal in the West to promote a free and competitive party system, but also because the Court's decisions affecting the status of parties under the Basic Law, especially those having to do with party finance, are a marvelous illustration of the interplay between politics and law. Political interests and constitutional values could hardly become more entangled than they did in the Federal Constitutional Court's Decision of July 19, 1966, which invalidated a federal plan for subsidizing political parties.' It is the purpose of this article briefly to consider this and related cases, along with their impact on the West German political system.