NCJ Number
120320
Date Published
1989
Length
17 pages
Annotation
West German constitutional law has not paid enough attention to the problems created by changes in the substantial functions of the State within the idea of law.
Abstract
The emphasis of State preventive activity has shifted from legal security to the security of legally protected interests. The democratic legislator must sort out the conflicting goals within the security of the objects of legal protection by the State, which guarantee to all persons equally the right to existence, legal security, risk provision, and social justice. Equality means equal treatment, equal sharing of burdens, and the exclusion of privileges, and its success requires that the individual recognizes a feeling of belonging to a legal community and that government derives its legitimacy from the will of the citizenry. 48 notes.