„Der Staat ist von Verfassungs wegen nicht gehindert..."

A problematic ‘German constant’ can be observed in the Federal Constitutional Court: It is the ‘Staat’ (state) as a sovereign political entity. And it is the ‘Volk’ (people) as a homogeneous community. The Constitutional Court’s political theory—so the thesis goes—‘oscillates’ between a liberal and pluralistic conception of citizens, constitution and society and a national and identitarian form of statism. In this book, this is exemplified by:
• the theories of constitution and democracy that are represented,
• fundamental rights in relation to domestic security,
• European integration,
• foreign policy and
• the emergency constitutional law as a result of 9/11 and the coronavirus pandemic