At the Origins of Personalism of the Basic Law: A Journey through the German Post-War Constitutional Debates (1946-1949)
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Abstract
This article reconstructs the constitutional debates that took place in Germany in the years 1946-1949 with particular reference to the use of natural law as a justification for the new constitutional order. By analysing the debates and the ideas of their protagonists, an attempt will be made to understand the actual conception of natural law embraced by the constituents and the overall theoretical framework underlying the new approach to fundamental rights.
Keywords
- Natural law
- Grundgesetz
- Human dignity
- Parlamentarischer Rat
- Per- sonalism
