By Ernst-Wolfgang Böckenforde, Mirjam Künkler, Tine Stein
During this consultant variation of Ernst-Wolfgang Bockenforde's definitive paintings in constitutionalism, legislations, and politics, readers have entry to the criminal discourse of 1 of Germany's major modern theorists and previous pass judgement on of the federal constitutional court
summary: during this consultant variation of Ernst-Wolfgang Bockenforde's definitive paintings in constitutionalism, legislation, and politics, readers have entry to the criminal discourse of 1 of Germany's best modern theorists and previous pass judgement on of the federal constitutional courtroom
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Extra info for Constitutional and political theory : selected writings
Rather, by dispensing with the aim of attaining maximalist moral standards, the democratic constitutional state leaves room for the citizen to decide on reasons and justifications for action on his own. The only thing the state can demand from its citizens is that they abide by the law. The necessary loyalty towards the political order does not include any kind of uncritical inner commitment (Gesinnungstreue): thoughts are free. In his search for the sources of ethical commitment, Böckenförde does not invoke particular political communities, such as the nation, but the constructive power of individual rights and their protection by an effective and superior state power.
Hardly any article lacks references to the state in either one of these shorthands. What appears to be particularly important to Böckenförde is the ability of the (democratic) state to dissolve conflict and difference not through repression, but through consultation, participation, and respect for mutually agreed-upon rules. ’1 Five thinkers are decisive in Böckenförde’s understanding of the state: Thomas Hobbes, Georg Wilhelm Friedrich Hegel, Lorenz von Stein, Hermann Heller, and Carl Schmitt.
The decree, issued by Chancellor Willy side votes for the other party’s candidate on the basis of a previously identified allocation. In 1975, it was decided to create the so-called neutral posts in order to avoid a situation where membership in a political party would be an implicit precondition for becoming a Federal Constitutional Court judge. ) Still, not all ‘party nominees’ are in fact party members, although the overwhelming majority is. Gertrude Lübbe-Wolff was nominated by the SPD, even though she had earlier left the party in protest against its support for the reformed asylum law.