Freiheitlicher Verfassungsstaat und kulturelle Identität

Arnd Uhle examines the relationship between the free constitutional state and cultural identity, a subject on which up to now very little research had been done. From the standpoint of constitutional theory, constitutional law and European law, the author studies the relevance of cultural identity for the origin, form and continued existence of the free constitutional state. He shows that the state, which is bound by the constitution, is obligated to maintain and protect cultural identity. The author concludes this work with a look at European law, making it clear that the constitutional connection to cultural identity as well as its protection under constitutional law are protected by Article 6, Paragraph 3 of the Treaty on European Union, which decrees respect for national identity.