Human Dignity as reflected in Academic Literature. Unifying proposed Theories as a pragmatic Integration of theoretical Elements. Critical Review. Own Approach. The Problem. Identity Concepts. Human Dignity in Art. Human Dignity as the underlying Fundamental Right to democratic Government. Human Dignity in Cultural Transition. The four Dimensions of constitutional Protection of Human Dignity. The union of Defense and Protection, Freedom and Participation. Substantive and procedural laws to protect Human Dignity.
Substantive and moral Protection of Human Dignity. Contents and Organization. Insights: Three current examples for the interpretation of human dignity under the German Constitution. Artificial Insemination, Genetic Modification. Human dignity of children during the incarceration of their mothers. The Right to Die in Dignity. Review and Outlook. The rationale of constitutions from a cultural science viewpoint Seite — The German understanding of constitutions. A constitutional outlook for Europe — Elements of European legal culture. Detour: Cultural constitutional law in the EU.
The Limitations of constitutions. Preambles in the text and context of constitutions Seite — Preambles as a current problem. The inter- national diversity of manifestations of preambles in examples. Detour: On the constitutional history of German preambles. The normative assessment of preambles in case law and academic literature. Preambles between colloquial and legal language. Constitutional theory analysis. Citizen-orientated language culture as constitutional culture. The preamble as foundation and commitment. The link through time.
Content concordance with other constitutional norms especially education goals, guarantees for official holidays, oath clauses and commitment articles. Theoretical outline for the interpretation of preambles. The inner connection between the different normative techniques.
The normative binding force of preambles. Unity of the Constitution. Amendments to preambles in absence of the constitutional legislature? Constitutional political outlook. First Part: Historical Review. The Historical Perspective. Second Part: European Studies Today. The Beginnings. Cultural Studies: Questions and Conclusions. The rationale of constitutions from a cultural science viewpoint in: Markus Kotzur Hrsg. Bibliographische Daten. In retrospect and in anticipation of future developments, the subject could hardly be more enticing. With hindsight, there are many great names we can associate in form or content with our subject matter: F.
Lassalle for instance, or K. Smend, H. Heller, H. Kelsen and C. Schmitt , and from abroad perhaps Swiss national W. Certainly, constitutional texts alone do not suffice for a good constitution. Mortati, V. Crisafulli2 or C. Typically, this is followed by two sections - one on fundamental rights guarantees and one on state organisation-, while a colourful, but no less important assortment of concluding and transitional provisions makes the constitution whole. For a modern constitutional state, constitutional entities such as constitutional courts are common.
They have their origins in the USA in , were later established in Europe by Austria and have gone on to an unprecedented, near global triumph in the decades after and , respectively. A truly complete picture would require inclusion of the specific achievements of the Italian constitutional scholarship, such as C. Panunzio a cura di , I Constituzionalisti e le Riforme, ; S.
Aubert, La Constitution son contenue, son usage, ; B. Sitter-Liver ed. Saladin, Die Kunst der Verfassungserneuerung, ; D. Gomes Canotilho, Direito Constitucional, 5th edition Smend views the state as a process of on-going integration in which flags, coats of arms and national anthems play a part. In retrospect, this view should also be seen as an attempt to combat the regrettable polarization of the political powers in Weimar. Schmitt, however, chose an entirely different approach.
The nationally orientated Integrationslehre of R. Friedrich, Geschichte der deutschen Staatsrechtswissenschaft, , p. Swiss national W. He thus hinted towards a path further pursued at later stage: noteworthy are H. It further allows citizens and groups to identify with the state in keeping with their duty to adhere to the law, through the national anthem and state colours emotional and rational sources of consensus. The rationale of constitutions from a cultural science viewpoint instance with regard to educational goals in schools similarly promote values that culturally ground an open society such as tolerance, respect for human dignity, sincerity, democratic convictions and environmental consciousness.
First and foremost, however, a constitution is the embodiment of culture. I shall return to this point momentarily. This exercise alone demonstrates that we must, on the one hand, ask ourselves what our image of Europe contains in a geographic sense: does Europe include Turkey or those parts of Russia on the Asian continent? The term constitution, however, must be severed from its traditional, state-centric focus. We have a European citizenship, which overlaps the domestic nationality.
Grimm, Braucht Europa eine Verfassung? Ridola, in: Diritto romano attuale, 2 , p. In general: G. Additional references in: P.
This equally applies, by way of analogy, to the 24 current EU countries. The rationale of constitutions from a cultural science viewpoint ture, is an open question. The plurality of national legal systems is a part of the identity of Europe. One need only consider the great differences between the Romanic countries on the one hand and Great Britain on the other, as well as, albeit to a lesser extent, Germany.
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The particularity and universality of European legal culture shall be named as the sixth element. Wieacker, Privatrechtsgeschichte der Neuzeit, 2nd edition The rationale of constitutions from a cultural science viewpoint possible addition of the Rechtsstaatsprinzip. Thanks to Spain22 there are equally strong connections to South America right up to Colombia, Constitution of Possibly eastern Europe must, in the long term, develop the particularities of its own legal culture, without denying its close affiliation to Europe.
The general domestic openness towards European law see BverfGE 73, ff. Bacigalupo, Principios constitucionales de derecho penal, ; F. Streinz, Europarecht, 7th edition , margin number et seq.
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Nonetheless, we should recall works, such as that of Swiss-born J. There are many classical texts on the term culture, likely throughout all the disciplines of the humanities. Smend and H. Heller Culture has turned into an en vogue, almost ordinary term, whose scientific value is threatened. Kluwer Law International will be publishing the Yearbook from the eighth volume onwards and will also manage the distribution of the previous seven volumes.
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