Abstract
This article analyses the impact of Germany's Basic Law on constitutions around the world to answer the question of whether the export of constitutions is a valuable contribution to nation building or a cementing of conflict. Particularly, the impact of the understanding of human dignity, the essence guarantee of basic rights (Wesensgehaltgarantie) and the organisation and functioning of the German State and its institutions will be highlighted. Malawi and South Africa will be used as examples of the impact of the German Basic Law. Comparing the constitutional setup with the practice in the country, the analysis shows that a comprehensive constitution itself does not guarantee compliance. A constitution that learns from other countries’ constitutions and their interpretation of constitutionalism is a solid but not sufficient groundwork for a locally determined nation building of a free society.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callMore From: African Journal of International and Comparative Law
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
