Das Bundesstaatsprinzip

Focusing on constitutional dogmatics, the developments in European Community Law and the fundamental principles of jurisprudence, the author analyzes the normative significance of the principle of the federal state in the German constitution ('Grundgesetz'). Against this background, Sarcevic questions the existence of and the basis for a constitutional standard 'principle of the federal state.' The critical discussion of the basic principles of jurisprudence as they pertain to theory, positive law and method shows that the principle of a 'federal state' cannot be given any additional normative relevance beyond a limited significance for argumentation purposes.