The Value of Constitutional Values: An Exploratory Study of the Constitutions of India and Bavaria

Abstract

This article is an attempt to understand “Bounds of Ethics in a Globalized World”, the hiatus between principles, norms and values and how they are codified on the one hand and the risks that follow when the actualisations of regulative principles fail in political reality on the other hand. Considering the political, economic and social reality, it is frequently diagnosed that reality is lagging far behind the potential of constitutionally guaranteed rights and duties. A variety of constitutionally guaranteed values suffers from devaluation. Taking examples from Bavaria in Germany, questions concerning whether the Bavarian society is at the borders of ethical capacities, or whether the limits of possible ethical regulation have been reached are dealt with. Important parallels in the genesis of the Bavarian and the Indian constitution are highlighted in this context. Through an understanding of the ideas of Ludwig Erhard, a pragmatic approach and an innovative model is proposed for cultivating values in a sustainable way. The importance of values of virtues is discussed and an emphasis is put on the importance of practiced virtues.