According to the first Article of the German Basic Law (Grundgesetz) human dignity shall be inviolable: “Die Würde des Menschen ist unantastbar”. The fact that the protection of human dignity is enshrined at the very beginning of the Basic Law emphasises its value and significance. But has it always been like this, or rather, since when did human rights protection gain such importance?
It is both interesting and necessary within comparative legal studies to look at laws and their development in various countries since legal history can support the study of comparative law. Especially constitutional issues are relevant as the functioning of a state and human co-existence are based on constitutional principles and values. An analysis of the historic developments permits a better understanding of law in general as well as a critical analysis of one’s own domestic legal system.
The aim of this essay is to analyse the German constitution and its emphasis on human rights protection in the Federal Constitutional Court (Bundesverfassungsgericht) and to discuss whether it is a consequence resulting from Germany’s history. First, this essay will present an overview of Germany’s history with particular focus on the period of the Weimar Republic and the National Socialism. In the next section, it will outline the history of origins of the Basic Law as well as its catalogue of fundamental rights, followed by an illustration of the competences of the Federal Constitutional Court in contrast to its predecessors. Finally, a short comparison with regard to the American, French and British Constitution will be drawn.
Inhaltsverzeichnis (Table of Contents)
- I
- II.
- Germany’s history
- The German Basic Law (Grundgesetz)
- The Federal Constitutional Court (Bundesverfassungsgericht)
- Comparison with foreign countries
- III
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This essay aims to examine the influence of Germany's history on its constitution, specifically its strong emphasis on human rights protection within the Federal Constitutional Court (Bundesverfassungsgericht). It will analyze whether the current state of human rights protection is a direct consequence of Germany's historical experiences.
- The historical development of the German constitution, highlighting the Frankfurt Constitution of 1849 and the Weimar Constitution of 1919.
- The impact of the Nazi era on shaping the Basic Law's emphasis on human rights and the rule of law.
- The establishment and role of the Federal Constitutional Court as a guardian of the constitution and human rights.
- Comparison with foreign constitutions, particularly those of the United States, France, and the United Kingdom.
- The role of historical experiences in shaping the development of legal systems and institutions in different countries.
Zusammenfassung der Kapitel (Chapter Summaries)
I: The first chapter sets the stage for the analysis by introducing the fundamental principle of human dignity enshrined in the German Basic Law and highlighting the need to understand its historical development. It emphasizes the significance of comparative legal studies in understanding the evolution of legal systems.
II.1 Germany’s history: This section delves into Germany's historical path, examining the significance of the Frankfurt Constitution and its impact on the subsequent Weimar Constitution. It also explores the challenges and shortcomings of the Weimar Constitution, which ultimately failed to adequately protect human rights and paved the way for the rise of Nazism.
II.2 The German Basic Law (Grundgesetz): This section analyzes the origins and key features of the Basic Law, highlighting the lessons learned from the failures of the Weimar Constitution and the need for a strong system of human rights protection. It emphasizes the importance of the Basic Law's catalogue of subjective public rights, particularly the concept of the inviolability of human dignity.
II.3 The Federal Constitutional Court (Bundesverfassungsgericht): This section examines the establishment of the Federal Constitutional Court as a response to the erosion of the constitution during the Nazi era and the need for a robust guardian of human rights and the rule of law. It highlights the court's significant powers, including judicial review and the ability to invalidate legislation, and its role in enforcing human rights.
II.4 Comparison with foreign countries: This section briefly compares the German constitution and its emphasis on human rights protection with those of the United States, France, and the United Kingdom, highlighting the impact of historical events on the development of their respective legal systems.
Schlüsselwörter (Keywords)
This essay focuses on the following key concepts: human rights, German history, Basic Law (Grundgesetz), Federal Constitutional Court (Bundesverfassungsgericht), human dignity, constitutionalism, judicial review, comparative law, Weimar Republic, Nazi era, and the influence of historical events on legal systems.
- Quote paper
- M. T. (Author), 2016, Is the German Constitution a consequence resulting from Germany's history? An essay, Munich, GRIN Verlag, https://www.grin.com/document/336479
