Autore: Losano, Mario G.
Titolo: I diritti fondamentali nelle costituzioni tedesche del XX secolo
Periodico: Diritto pubblico
Anno: 2012 - Fascicolo: 2 - Pagina iniziale: 403 - Pagina finale: 500

The work examines the evolution of basic rights in the course of the twentiethcentury in German constitutions. In that century the process of establishing therights and freedoms of German-area citizens was particularly difficult: two worldwars; the succession of nearly all modern forms of government (monarchy, socialistrepublic, Nazi dictatorship, dictatorship of the proletariat and liberal democraticrepublic); two grave defeats at the end of the two world wars, with the firstfollowed by a destructive economic and political crisis, and the second by themilitary occupation of the entire German territory and by the division of Germanyinto two States, with vast territorial losses; and, finally, national reunificationand the imposing of united Germany as the hegemonic State of the EuropeanUnion. A tradition of Enlightenment-inspired and liberal reforms inherited fromthe previous century was grafted onto these traumatic events with mixed fortunes.The starting point for the analysis of the constitutional texts is the assumption that human rights are the product of the historical evolution of society, andnot of a natural right of divine or rational origin. In the course of this evolutionhuman rights are realized by passing from ethical or political aspirations to legalnorms: only the latter actually guarantee the safeguarding of human rights by thecourts in the event of their violation. In this process of the positivization of humanrights their inclusion in constitutions is therefore fundamental, which constitutionsare real historical documents, which is to say official certifications ofthis transformation. Therefore, this writing is focused on them. Each constitutionalarticle, during the time it is in force, gives rise to jurisprudence of various level,as well as of various content.




SICI: 1721-8985(2012)2<403:IDFNCT>2.0.ZU;2-P
Testo completo: http://www.mulino.it/download/article/10.1438/72678
Testo completo alternativo: http://www.mulino.it/doi/10.1438/72678

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