The Basis of Constitutional Adjudication in Germany

Abstract

The Federal Constitutional Court of Germany plays a pivotal role in upholding judicial independence by safeguarding human rights within the framework of the Basic Law. A comprehensive analysis of the Court's jurisdiction reveals that its primary function is interpretation, particularly concerning the rights and obligations of the supreme federal authority and the citizens entitled to fundamental rights under the Basic Law. In addition to interpretation, the Court engages in abstract judicial review, constitutional complaints, and concrete judicial review, all of which hinge on its interpretation of human dignity and its supremacy. The challenges arise when human dignity, as a constitutional principle, is invoked to resolve economic, social, and political disputes within Germany and the broader context of the European Union. This research employs a qualitative methodology, drawing on literature that recognizes human dignity as a supreme yet not absolute principle.

Keywords

• constitutional court
• constitutional interpretation
• federal human rights protection
• human dignity
• judicial independence