Second Abortion Decision

Nos. 2 BvF 2/90, 2 BvF 5/92 (Abstract Proceeding) (1993)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
S
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Second Abortion Decision

German Federal Constitutional Court
Nos. 2 BvF 2/90, 2 BvF 5/92 (Abstract Proceeding) (1993)

  • Written by Nathan Herkamp, JD

Facts

In the former West Germany, abortion was permitted only if a medical professional found certain legally identified indications that an abortion was necessary. In the former East Germany, abortion was available on demand and at public expense in the first trimester of the pregnancy. The Unification Treaty allowed each half of the unified Germany to retain the preunification abortion law until 1992. The Bundestag passed a new abortion statute in July 1992. The new law stated that abortion was illegal after the first 12 weeks of pregnancy and set out a punishment. The statute stated that abortions were not illegal if the mother requested the abortion after having received counseling no less than three days prior to the procedure and the abortion was performed by a doctor, no more than 12 weeks after conception. The German Federal Constitutional Court was petitioned for an abstract proceeding to determine the constitutionality of the law. This proceeding allowed the constitutional court to rule on whether a statute violated Germany’s Basic Law, or Grundgesetz, without a justiciable controversy.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 815,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 815,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 815,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Constitutional Law

Key Terms