Die Meinungsfreiheit im System des Grundgesetzes

The German Basic Law of 1949 is, together with other post-dictatorial constitutions, a new step in world constitutional history. Unlike its predecessors from the epochs of the American and the French Revolution up to the Weimar Republic, it must be regarded as a system. This means that the function of the judge changes. His personal views become less important, and arguments such as the 'political question doctrine' and 'judicial self-restraint' become impossible. The constitution itself has laid down the values that are to be strengthened and enforced by the state and its courts. Thus legal positivism has lost its formality and must become a positivism of values. Martin Hochhuth has developed a new concept of constitutional interpretation, which he tests using the most problematic freedom of speech cases from »Lüth« to »Stolpe« and »Benetton«.