2009 | 6(95) |
Article title

THE BASIC LAW IN THE LIGHT OF FUNDAMENTAL RIGHTS CONTAINED THEREIN (Ustawa zasadnicza w swietle ujetych w niej praw podstawowych)

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The article provides an analysis of the formation and development of the provisions of the Basic Law concerning individual rights and freedoms. In the beginning, the authors of the Basic Law treated it as an interim constitutional instrument, which mostly relates to the above-mentioned issue. However, due to political developments, the FRG has existed several decades before German unification. As concerns individual freedoms, their stability and transformation have resulted from jurisprudence of the supreme courts, especially the Federal Constitutional Court, which not only explained the scope of particular constitutional freedoms, but also led to the recognition, on their basis, of some general principles, above all the principle of complete protection, covering all aspects of the individual's position and the necessity of such protection. Both the explanation of the scope of particular freedoms and examination of their mutual relations are currently founded on the recognition of an objective order of values underlying the constitutional regulation, of which the most important is the protection of human dignity. The problem faced today when interpreting fundamental rights is an increasing Europeanization and globalization of constitutional solutions. The structure of fundamental rights in the Basic Law has proved its effectiveness, enabling their further development and greatly affected the shape of the German state and society.
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  • Rolf Grawert, Ruhr University of Bochum, Aloysiusstraße 28, D-44795 Bochum, Germany
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