Abstract
Abstract The chapter is devoted to the history of German constitutionalism. It contextualizes sources and concepts that informed the creation of the Basic Law, and discusses the evolution of German constitutional law including the role of the German Federal Constitutional Court (GFCC). Historically, the Basic Law is a reaction to German fascism and the Second World War, as an expression of the promise of ‘never again’, yet there are additional factors and ideas shaping its content, including a particular notion of the role of religion and churches, the ‘goal of the state’ to implement a welfare state, no social rights but an objective dimension of fundamental rights that informs social justice and extends to the reach of the constitution to private actors. German constitutionalism is also informed by the commitment to be a nation-state embedded in European and global law, with prominent references to international human rights, by now integrated into national standards of review. The chapter presents seminal decisions of the GFCC, taking the changing social and political conditions into account, including the notion of a ‘constitutional identity’ not as legalis nationalism and ideology, but anchored in, and defined by, constitutional law.
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