DIE GERICHTLICHE KONTROLLE DER VERWALTUNG IN DEUTSCHLAND
A REPORT ON THE ORGANIZATION AND JURISDICTION OF THE ADMINISTRATIVE COURTS IN GERMANY

Summary/Abstract: A report on the organization and jurisdiction of the administrative courts in Germany. It concentrates itself on the "guarantee of the course of law" which art. 19 sec. 4 of the Basic Law of Germany assures anybody, who feels himself violated in his rights by any administrative or even governmental action. The author emphasizes the unlimited totality of the legal protection the administrative courts owe to the citizens, and points out, that there isn't room for an "act of state doctrine" or similar constructions, which could bar cases of exceptional political importance from the controlling power of the administrative courts. With the same strength the author underlines, that their independency not only gives power to the administrative courts to overrule the administrative authorities and even the policies of government, but on the other hand binds them strictly to the rules of law as the only criteria of their judgments, so that the administrative jurisdiction remains just a legal control that correctly carried out doesn't falsify itself to a political control of the discretionary powers of administration, which in a democratic state strictly has to be reserved for the parliament.

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