On the eve of the constitutional anniversary: 75 years of the Basic Law – a constitution of freedom and balance

Public lecture

The Basic Law contains comprehensive guarantees of freedom. From the very beginning, constitutional practice has developed a wide range of concrete content from the openly formulated fundamental rights. The result is a constitution of freedom that is unique in Germany to date. In it, freedom is not without its obligations. The Basic Law forms the foundation of a comprehensive legal equalization system. It draws its persuasive power from this. However, the constitution itself inevitably leads to the limits of equalization and seems to risk its success there: If it is not possible to reconcile conflicts of freedom under constitutional law in harmony, but must be achieved through a priority decision, it leaves losers behind. Their integration is a challenge for the liberal constitutional state. If the constitution completely rejects the extreme use of communicative freedom from the outset, it leaves the mode of balancing completely behind. It does so in order to protect unavailable goods and itself, but in doing so it seems to give up a part of its identity. However, the limits of equalization do not mean the end of the constitution. Its persuasive power may become less self-evident at the limits of balance. However, the visibility of the ambivalence of such border crossings also presents an opportunity.

Greeting

Prof. Dr. Enrico Schleiff (President of Goethe University)
Prof. Dr. Rainer Forst (Director of the “Normative Orders” Research Centre at Goethe University)
Prof. Dr. Matthias Jahn (Chairman of the Board of the Frankfurt Law Society)

Public lecture by

Prof. Dr. Gabriele Britz (former judge of the Federal Constitutional Court, Professor of Public Law at Goethe University)

The lecture is open to the public. Admission is free.

Organizer:
An event of the Research Centre “Normative Orders” with the Faculty of Law of Goethe University and the Frankfurt Law Society