El lado oscuro de la Ley Fundamental
¿Is there in the Fundamental Law of Bonn an «obscure site»? The author proposes that question in the beginning of this paper, in which he shows some characteristics of the Fundamental Law, that have contributed to the positive evaluation that we make of it after sixty years of success, but, in the s...
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Format: | Article |
Language: | Spanish |
Published: |
Junta de Andalucía: Instituto Andaluz de Administración Pública
2009
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Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=3263709 |
Source: | Revista de derecho constitucional europeo, ISSN 1697-7890, Nº. 12, 2009, pags. 193-238 |
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Summary: |
¿Is there in the Fundamental Law of Bonn an «obscure site»? The author proposes
that question in the beginning of this paper, in which he shows some characteristics
of the Fundamental Law, that have contributed to the positive evaluation that we
make of it after sixty years of success, but, in the same time, they contain the germ
of the present defective developments and future dangers.
In this paper the author takes into consideration, as examples, three particularly problematic
areas: the relationship between the democratic elements and the individual
of the State of Law in the Fundamental Law; the constitutional position of political
parties in Germany; and the design of the German Federal State. In each case, the
author describes the problem, he explains how we have got to the current situation,
and, finally, he mentions some of the problems derived and the potential troubles,
referring to current examples. Basically, as the author states, we can say regarding
the Fundamental Law of Bonn the same thing that of the others: only those who know
their weakness are able to become aware of their virtues and to assert them. |
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