Abstract
The article discusses critically some major trends in the reception of Böckenförde’s famous Dictum. Thereby, it focuses on the problem of the so-called ‘value-fundamentalism’, that is the fusion of spheres and tasks of law on the one hand with politics and common morals on the other. Böckenförde himself was always sceptical towards any ‘value-talk’ in jurisprudence, especially in constitutional theory. In showing some maybe surprising analogies between Böckenförde and authors in the tradition of legal positivism (Radbruch, Kelsen) Böckenförde’s Dictum will be reinterpreted as still a fruitful indicator for structural problems of modern constitutional democracy in the age of pluralism.
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