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The Present and Future Meaning of the State and the role of the Federal Constitutional Court — Interview

Published online by Cambridge University Press:  06 March 2019

Udo Di Fabio

Extract

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In this exclusive interview with Federal Constitutional Court Justice, Professor Udo Di Fabio, GLJ looks forward to some of the challenges the Court will face in next fifty years, especially the meaning for the Court of domestic (privatization) and international (europeanization) changes to the role of the nation state. The interview begins with an exploration of the nature and role of the Federal Constitutional Court in light of radical changes in the law as well as the social sciences. Justice Di Fabio also addresses the Court's narrow role as an interpreter of legal texts, noting that the Court performs this function while also exercising broader, quasi-legislative authority within a pluralistic and post-traditional society. The interview then turns to questions related to the role of the state and the traditional public structuring of societal authority as set against the general turn to societal self-structuring, especially in the context of the debate over the nature of the European Union's authority.

Type
Research Article
Information
German Law Journal , Volume 2 , Issue 9: Special issue — Fifty Years of the Bundesverfassungsgericht , 2001 , E6
Copyright
Copyright © 2001 by German Law Journal GbR 

References

Decision of the Federal Constitutional Court (Bundesverfassungsgericht — BVerfG) of December 19, 2000; published in Neue Juristische Wochenschrift 2001, Pp. 429–433; Deutsches Verwaltungsblatt 2001, pp. 284–289; Juristische Schulung 2001, p. 496. The case concerned the question whether the Jehovah's Witnesses should be granted the legal status of quasi-public recognition known as the Körperschaft des Öffentlichen Rechts (Article 140 of the Basic Law).Google Scholar
A number of European states entered an agreement to pursue a common policy towards asylum seekers. The agreement includes the obligation to control the entry of foreigners and at the same time delegates the authority to the state of entry the power to issue documents that will (1) either lead to the foreigner's expulsion, prejudicing entry to all other Schengen-states, or (2) allow the entering foreigner to move freely within the European States.Google Scholar
Article 4 of the Basic Law.Google Scholar
See, e.g. Udo Di Fabio, DAS RECHT OFFENER STAATEN (1998).Google Scholar