Cases Constitutional law – Cases to Federal Organs – staatsrecht.honikel.de

To content

Zusammenfassung:

50 Cases for exam preparation

Info to Federal Organs

Content:

Case 21:

18-year-old Johanna votes for the first time at the coming election to the Bundestag.

She wants to know according to which election principles this election will be conducted and what meaning each of the election principles have.

Suggested solution

top of page

Case 22:

In a country a Parliament with 150 seats should be established.

Describe the election process of a pure proportional representation. There are approximately 90,000 voters.

Suggested solution

top of page

Case 23:

Three parties participate at the election (proportional representation) to a parliament with 20 seats. Party A receives 600 votes, Party B receives 1,000 votes, party C receives 3,900 votes.

Calculate with the Hare - Niemeyer procedure how many seats each party will have in Parliament.

Suggested solution

top of page

Case 24:

Again and again appears the consideration to launch the pure majority vote for the election to the Bundestag.

Is that permitted? What are the advantages and disadvantages for whom?

Suggested solution

top of page

Case 25:

Party A gets 134 seats in the new parliament after the count of the secondary votes. It also wins 56 direct mandates. Party B receives according to secondary votes 13 seats and wins 16 direct mandates.

How many seats will each of the two parties have in the next Bundestag? Calculate without compensatory seats.

Suggested solution

top of page

Case 26:

Thanks to a committed policy for the people, the Party "Lindgruen-Gestreifte" wins in four small constituencies direct mandates and in total gets 4.9% of the secondary votes at the election to the Bundestag.

Will the party be in the forthcoming Bundestag?

Suggested solution

top of page

Case 27:

Within the Parliamentary Group of the "Blue" it is a disagreement about whether a bill is acceptable or not. Finally, there is a group decision that the bill should be adopted.

Is Birgit A., Member of Parliament and of the "Blue" group tied to this decision?

Suggested solution

top of page

Case 28:

The Member of the Bundestag B of the party Pa. is known at his colleagues as a very dedicated supporter of freedom of expression and happy to represent uncomfortable opinions. In the current parliamentary group meeting of his party, there is the question how the group should behave in the vote on a law that amends the Basic Law. The vast majority of the group wants to agree with the law, but B announced that he would not agree because he believe that the new law would unlawful restrict basic rights. Because his vote is urgently needed to achieve a majority in parliament, the chairman of the party Pa. threatening B that he would be excluded from the party, if he did not vote like the other group members.

What is a parliamentary group? Can the chairman of the party exert pressure in the described manner?

Suggested solution

top of page

Case 29:

After a very long debate in the Bundestag Member of Parliament Ingo S. efforts a great thirst and drinks a few glasses of beer in a nearby pub. On the return trip he caused a traffic accident because of the alcohol. He rejects an alcohol test which the police, who arrived on the scene, wants to execute with regard to his immunity as a Member of Parliament. Furthermore, he insulted the officers with various expressions, and points out that he could do this due to his indemnity.

How is this situation to judge?

Suggested solution

top of page

Case 30:

A Member of Parliament steals a scanner in a computer store. He knocks down the employee M. Courageous who wants to hold him and during his escape attempt in the shop he does a damage of approximately 12,000 euro. Finally, a policeman arrest him at the entrance of the shop. The business owner posts a complaint and claims for indemnification.

Can the Member of Parliament refer to special rights?

Suggested solution

top of page

Case 31:

The media trader Markus Medienzar lends a big party. On this party Member of Parliament Bernd Ruepel is celebrating together with many party colleagues and prominent personalities. As one of the highlights of the party thousands of counterfeit, deceptively genuine euro banknotes are raining down on the guests. In alcohol intoxication Ruepel inserted some of these fake euro notes into his wallet. The next morning he does not know anything about this and he goes to the next fish shop to buy a rollmop. He wants to pay with one of the fake euro notes. The dedicated fish dealer Florian Fischix however noted the counterfeit money and called the police. When the officers arrive, Ruepel is on violent quarrels with the fish dealer and insulted him as a "Fischkopp" (Head of a fish). Ruepel sees the the officers and tried to flee. After a brief persecution the officers arrest Ruepel.

Are the police officers allowed to arrest Ruepel? Can Fischix proceed against Ruepel. Explain in detail. Note that paying with counterfeit money is a criminal offense.

Suggested solution

top of page

Case 42:

At the last election to the Bundestag the young voter Juergen Juengchen has given his vote to Member of Parliament Ruepel and he is now very angry about his scandalous behavior. So he wants to accuse Ruepel at the Federal Constitutional Court.

What are the prospects for success? What options are there to complain at the Federal Constitutional Court? Name three of them.

Suggested solution

top of page

Case 34:

The Bundestag decided a law to raise the minimum age for the right to vote (Article 38 II GG). The day before the Bundesrat will decide about this law the Prime Minister of Baden-Wuerttemberg informed the Interior Minister of the Land, that he should represent the Land in the Bundesrat and vote against the raising of the the age limit. The next day the vote in the Bundesrat has the following result: 38 votes for the law, 22 votes against the law, and 9 abstentions.

Can the Prime Minister instruct the Interior Minister of the Land, to vote in a certain way in the meeting of the Bundesrat? Can he alone represent his Land adequately, the Land finally has a total of six votes? What kind of a law is given here? Which majority in parliament was necessary for the adoption of the law? How is the voting result of the Bundesrat to judge? Which effect does it have?

Suggested solution

top of page

Case 32:

During a vote in the Bundestag, Member of Parliament A. B. Weichler has not voted with his parliamentary group but against the pronounced law.

Is that allowed? What is a parliamentary group?

Suggested solution

top of page

Case 33:

The representatives of a Land in the Bundesrat are from different parties and will not agree, how to vote in a forthcoming legislative decision. Two representatives vote for the law and four against it.

How is this voting behavior to judge?

Suggested solution

top of page

Case 35:

The Party "Women's Power" has the opinion that it is time to elect a female Federal President. Therefore it nominates the 37 year old German Katharina L. as a candidate.

How is this project to assess constitutionally?

Suggested solution

top of page

Case 36:

The lecturer of constitutional law H. claimed at midnight that the Federal Convention consists to the half of all Members of the Bundestag and to the other half of members of the parliaments of the different Laender.

Did H. right?

Suggested solution

top of page

Case 46:

One law decided by the Bundestag and the Bundesrat is given to the Federal President for signing and promulgation. The Federal President, formerly worked as a lawyer himself, is concerned that the law would violate basic rights. He denied the signature.

For right? What can the parliament do to force the signature?

Suggested solution

top of page

Case 37:

The Bundestag recently has been problems with the Federal Chancellor Maier, and considered getting rid of him.

How is the possibility to topple a Federal Chancellor provided by the Basic Law called? Explain the process. Why does the Basic Law provide this particular procedure?

Suggested solution

top of page

Case 38:

The acting Federal Chancellor Mueller is weary of office and hates the constant squabbles with the Bundestag. He therefore resigns.

What impact has this resignation to the Federal Ministers, for the lead of their ministries and for the Bundestag?

Suggested solution

top of page

Case 39:

Robin asserted during his weekly political regulars' table that the election to the Bundestag in fact is an election of the Federal Chancellor because always the candidate of the strongest parliamentary group would win the election to the Federal Chancellor.

Give your opinion to this statement.

Suggested solution

top of page

Case 40:

On the agenda of the next meeting of the Bundestag is a "Question of confidence". The new Member of Parliament U. N. Wissend would like to get information from you about the "Question of confidence"

Who asks the "Question of confidence"? Why is this instrument established?

Suggested solution

top of page

Case 41:

A minister of the Federal Government strikes in particular by continuing women's stories and is a thorn in the eye of the Bundestag. Some Members of the Bundestag present a request to the plenum of the Bundestag, it may decide that the Chancellor should dismiss his minister.

How is the situation to judge?

Suggested solution

top of page

Case 43:

The newly elected member of the council G. R. is angry about the plan to build a new autobahn in the municipality. He wants the community to call the Federal Constitutional Court with a constitutional complaint.

Is that possible?

Suggested solution

top of page

Case 44:

The 38-year old judge at the administrative court in Schoenau, Max H., applies as a judge at the Federal Constitutional Court.

How do you assess H.'s prospects for success?

Suggested solution

top of page

Case 45:

The party R. known as radical, provides a request at the munipical department for public order in Weinheim for the siting of election posters for the election of the Bundestag in the urban area. The munipical department for public order tells the party that the application by the party could not accepted, because according to a report of the Office for protection of the constitution of the Land the objectives of the party do not correspond with the democratic basic order of the Basic Law.

How do you assess the legal position according to the Basic Law?

Suggested solution

top of page

More cases

Previous cases