It works like this: There are no real precedents (not legally binding for lower courts), but usually the lower courts will always follow the opinions of the German Supreme Courts (plural, because there are several). [Well, if they don't, you can appeal anyway, but they always do.]
The Federal Constitutional Court however, is an exception. Its decisions are binding for other courts because they have the same effect as laws (see one of the first of the BVerfGG).
"More strict" is a bit generalized. While it is true that free speech is stricter regulated in Germany (such as in holocaust denial, hate speech), personality rights and human dignity have an extremely high rank, and national security has far less attention (although it is also on the rise since 9/11). All in all, it's simply the system of the Weimar Republic (1918-1933) reverted. When the German constitution was written in 1949, ppl thought about how Hitler's rise could have been prevented by a stronger constitution, so they made everything completely the other way around this time. The Weimar Republic also had a lot of direct democracy, which is one of the reasons for which there is nearly none in Germany nowadays (talking about the federal level).
And looking at Guantanamo, I think the USA also once had better Habeas Corpus possibilities...
That is true, the Federal Supreme Court is supposed to be something like an ultima ratio, in case everything else hasn't worked. Usually courts have to judge if an act is covered by law. This court however decides if a law (or as well an act of the executive power) is constitutional. (However, it is often used as kind of an appeal-appeal, because you just need to find anything in the constitution connected to your case.) Decisions of this court cannot be overturned by any other court.
Anyway, because of these high powers it is kind of a Supreme Court, also because Constitutional Law is superior to normal law.
And from decisions like that, they received quite great confidence from the people. (At least I can now be quite certain that there are no police agents spying in my computer... - well, if they act legally...)
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It works like this: There are no real precedents (not legally binding for lower courts), but usually the lower courts will always follow the opinions of the German Supreme Courts (plural, because there are several). [Well, if they don't, you can appeal anyway, but they always do.] The Federal Constitutional Court however, is an exception. Its decisions are binding for other courts because they have the same effect as laws (see one of the first of the BVerfGG).
"More strict" is a bit generalized. While it is true that free speech is stricter regulated in Germany (such as in holocaust denial, hate speech), personality rights and human dignity have an extremely high rank, and national security has far less attention (although it is also on the rise since 9/11). All in all, it's simply the system of the Weimar Republic (1918-1933) reverted. When the German constitution was written in 1949, ppl thought about how Hitler's rise could have been prevented by a stronger constitution, so they made everything completely the other way around this time. The Weimar Republic also had a lot of direct democracy, which is one of the reasons for which there is nearly none in Germany nowadays (talking about the federal level). And looking at Guantanamo, I think the USA also once had better Habeas Corpus possibilities...
That is true, the Federal Supreme Court is supposed to be something like an ultima ratio, in case everything else hasn't worked. Usually courts have to judge if an act is covered by law. This court however decides if a law (or as well an act of the executive power) is constitutional. (However, it is often used as kind of an appeal-appeal, because you just need to find anything in the constitution connected to your case.) Decisions of this court cannot be overturned by any other court. Anyway, because of these high powers it is kind of a Supreme Court, also because Constitutional Law is superior to normal law. And from decisions like that, they received quite great confidence from the people. (At least I can now be quite certain that there are no police agents spying in my computer... - well, if they act legally...)
There is currently a strong dispute going on about the legality of this in Germany.