Freedom in the German School System

Abstract

This article describes `freedom' as a constitutional category in the German School Law. If the responsibility for schooling by the German Federal Constitution is given to the ``Bundeslander'' a common frame is set by the Basic Rights of the German Federal Constitution; this constitutional frame limits the rights of the ``Bundeslander'' in supervising, organising, planning and managing the schools. Basic rights of a single pupil in a school are limited by the same rights of other pupils; this is done by following the ``principle of practical concordance'' and thus the freedom of the single pupil always becomes a relative one; how this principle works in a concrete conflict will be shown in this article by describing single cases. Parental Rights are also guaranteed by the German Federal Constitution in direction of the state-runned schools. The rights of the parents are equal to the state rights; so a solution of a conflict has to be found between these two actors. Rights of teachers in Germany are limited by their special status as civil servants. And if the pedagogical freedom of teachers is recognised by the school acts this does not describe a real kind of freedom for the single teacher.