Abstract

Abstract This chapter begins with a discussion of Germany's Basic Law. It then turns to the constitutional foundations of the Prison Act and the prisoner's legal status. The German Prison Act of 1976 was to be infused with the ideals of the Constitution from start to finish. It had to deliver a constitutionally legitimate, coherent legislative basis for state limitation and protection of prisoners' basic rights at the ‘administrative level’. The protection and limitation of these rights had to be commensurate with the constitutional ideal of resocialization.

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