Dieter Grimm, who worked as a judge at the Federal Constitutional Court as a legal adviser in proceedings concerning the emergence and amendment of constitutional law, moderated the conference with great satisfaction. According to Kommers, according to Grimm, young democracies determined to introduce constitutions that advocate human dignity do not buy old hats hidden in the relics of the Western world. They rightly recognize that the law must be elevated to the level of social efficiency, and thus accept the third additional role of case-law=s as providers of constitutional fundamental rights also among individuals. The Constitution of the United States, whose individualism was based on the conventional thinking that prevailed in the eighteenth century, never adopted this idea. We are therefore still world export champions, albeit in the field of constitutional law C precisely with the help of high German know-how, which is gladly ridiculed by some demanding German lawyers. (1772) The Weimar Constitution did not establish a court with similar powers. If the Basic Law is amended, this must be done explicitly; The article in question must be cited. Under Weimar, the constitution could be changed without realizing it; Any law passed by a two-thirds majority is not bound by the Constitution. According to the Basic Law, the fundamental principles of the Constitution in art. 1 GG and Art. 20 GG, the fundamental rights of Articles 1 to 19 and the essential elements of the federal State cannot be abolished. Of particular importance is the protection of the division of State power between the three branches of the legislative, executive and judicial branches. This is provided for in article 20 of the Basic Law.
A clear separation of powers was considered essential to prevent measures such as a transitional law of full powers as in Germany in 1933. This law then gave the government legislative powers that effectively ended the Weimar Republic and led to the dictatorship of the Third Reich. The principle of expressive individualism also seems to have been confirmed in Texas V. Johnson, the controversial case of the desecration of the flag. Footnote 36 The expressive act of burning the flag as a symbol of political protest, the court ruled, outweighs the state`s interest in preserving the flag as a symbol of the nation. In a 5-4 decision, the majority resorted to what it considered the “basic principle of the First Amendment,” namely that the government cannot prohibit the expression of an idea simply because society finds it repugnant. Rehnquist C.J., joined by one of the Court`s most liberal judges, denied contradictorily that the conduct at issue in this case conveyed any ideas. The act in question, he writes, “is the equivalent of an inarticulate growl or roar” designed simply to “antagonize others.” The majority might have been better advised to argue that even inarticulate grunts deserve constitutional protection when they spring from the sources of inner being and allow complacent individuals to revel in their autonomy. The Federal Republic of Germany is celebrating its 70th anniversary this year.
Much has changed since 1949. Today, the FRG encompasses the whole of Germany and not just the West, as it did when it was founded. The FRG is no longer the eastern frontier of the West, but is now in the centre not only between East and West, but also between North and South. Moreover, it is again the greatest power in Europe, both in terms of population and economy, although it is not so great that it would be hegemonic. What remains unchanged, however, is that he still lives under the 1949 constitution. What are the implications of this constitution for Germany today? 12 The primacy of dignity in the Basic Law is symbolised by its inclusion in Article 1, which tops the list of fundamental rights. It states: “Human dignity is inviolable. Respecting and protecting them is the duty of every State authority. For the corresponding emphasis on liberty in the U.S. Constitution, see First Amendment footnote 16. The rights guaranteed by the First Amendment—that is, rights guaranteed against invasion by Congress—are also guaranteed against states under the Fourteenth Amendment, the relevant provision of which states: “No State shall deprive any person of life, liberty, or property without due process.” The framers of the Basic Law wanted to ensure that no potential dictator would ever return to power in the country.
Although part of the Basic Law is based on the Constitution of the Weimar Republic, the authors also elevated human rights and human dignity to the rank of fundamental values protected by the Basic Law. The principles of democracy, republicanism, social responsibility and federalism are essential elements of the Basic Law; The fundamental principles and rights underlying these articles are enshrined in the Constitution; Although several of these articles have since been reformulated, expanded or refined, they cannot be deleted or repealed by the normal amendment procedure.
