Der souveräne Verfassungsstaat zwischen demokratischer Rückbindung und überstaatlicher Einbindung

Using the Federal Republic of Germany as an example, Christian Seiler examines the repercussions of the integration of international and European law on the constitutional state. He traces the main concepts of state and constitution back to their actual meaning in order to systematize them, to put them in the right order in the evolution of contemporary history and to ensure their continuity in a manner which will preserve their meaning. Seen from the point of view of jurisprudence, almost all those elements which have had a formative influence on the nature of the constitutional state will not be affected by the current developments, or they can be modified and continued. It is democracy which is weakened by a partial transition from a parliamentary legislative procedure to a supranational decision-making process geared towards consensus and compromise, a development for which there is presently no compensation but which can be curbed by the autonomous interpretation of the principle of subsidiarity.