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Abstract:

This doctoral thesis examines how a constitutional court should exercise its power under the rule of law. Therefore, in a first part, the idea of “rule of law” is analysed. What does this concept mean and what does it demand? On the basis of an analysis of the literature and of the law practice, a non-legalististic European rule of law concept can be defined. In the second part is then examined which requirements the rule of law demands concerning the competences and establishment of a constitutional court and the procedure before a constitutional court.