German Religious Freedoms: Movement Toward Protection of Minorities
Oregon Review of International Law, Forthcoming
31 Pages Posted: 3 Oct 2007 Last revised: 22 Sep 2015
Abstract
In this article, I examine the underlying ingredients that form the uniquely German idea of freedom. My examination reveals that the German idea of freedom consists of these core elements: human dignity, development of personality, rights coupled with duties, the doctrine of Third Party effect (that rights effect private as well as public law); the Rechtstaat (binding authority to the rule of law); and the Social State (the basis for the social welfare state). My article is one of the first systematic examinations of the German idea of freedom in English.
The German idea of freedom differs from the American idea of freedom in that it is value-ordered around the central value of human dignity, centers around the human person and her development, couples rights with corresponding duties, sets forth an extrinsic body of reason as a cabining influence on government, and uses state authority positively to empower human freedom as well as limited authority to safeguard human liberty (as is characteristic of the American system). The influence of Kant on the German system is apparent. In our global, interdependent world, it is worthwhile to consider alternative ways of organizing a constitutional order in order to determine whether native systems can be enriched.
Keywords: Comparative Law, Freedom of Religion, Constitutional Law
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