Integration theory

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The doctrine of integration is a theory of state and constitutional theory developed by Rudolf Smend of the state as integration, which he explained in his work Constitution and Constitutional Law , published in 1928 .

According to Theodor Litt, integration theory is based on the group-related nature of the individual. The task of the state is to integrate individuals into the political process; the constitution is seen as the - albeit not purely normative - order of the integration process.

Integration types

Smend distinguished three types of integration, which could be combined in different ways.

Personal integration

Smend deals with personal integration in the fifth chapter of the state-theoretical part of his work. By it he means the proactive participation of individuals in political life as opposed to reactive participation or passive participation.

Functional integration

In the sixth chapter, Smend deals with functional integration, by which he understands the institutionalized participation of individuals through, for example, elections or votes.

Factual integration

Finally, the factual integration is dealt with in the seventh chapter. It is the integration through common values, which are embodied through state symbols, state holidays, common language and the like.

effect

Smend's integration theory was one of the major currents in the methodological dispute in Weimar constitutional law . Even after the methodological dispute under the Basic Law lost its relevance, integration teaching through the Smend School, which includes Gerhard Leibholz , Ulrich Scheuner , Konrad Hesse , Horst Ehmke , Peter Häberle and Friedrich Müller , remained until the 1970s Years of greater importance.

Not only through Hesse, who was a judge at the Federal Constitutional Court from 1975 to 1987 , aspects of integration doctrine also found their way into the case law of the court: in the Lüth judgment of 1958, fundamental rights were no longer just a right of the individual to defend themselves against the state, but also viewed as an objective order of values. The topos of community- relatedness and community- boundness of the individual in connection with Article 2, Paragraph 1 of the Basic Law is at least close to the doctrine of integration.

criticism

The main point of criticism of integration theory is the lack of distinction between state and society or between state and individual. It harbors the danger of the state taking over individuals and thus totalitarian tendencies. His understanding of fundamental rights is also criticized, which does not adequately take into account the subjective defense law dimension and thus does not offer any effective protection against state attacks (see Bühler 2011).

Sources and literature

Primary literature
  • Rudolf Smend: Constitution and Constitutional Law , Duncker & Humblot, Munich 1928.
Secondary literature
  • Roland Lhotta (ed.): The integration of the modern state. On the topicality of integration theory by Rudolf Smend , Baden-Baden 2005. ISBN 3-8329-1421-8
  • Peter Badura : State, Law and Constitution in Integration Theory. On the death of Rudolf Smend (January 15, 1882 - July 5, 1975) , in: Der Staat 16 (1977), pp. 305 to 325.
  • Christian Bickenbach: Rudolf Smend (January 15, 1882 to July 5, 1975) - Basics of Integration Theory , in: JuS 2005, pp. 588 to 591.
  • Joachim Bühler: The integrative of the constitution. A political-theoretical study of the Basic Law , Baden-Baden 2011.
  • Frieder Günther: Thinking from the state. The Federal German constitutional law theory between decision and integration 1949-1970 , Munich 2004. ISBN 3-486-56818-3
  • Marcus Llanque : The political theory of integration: Rudolf Smend , in: André Brodocz / Gary S. Schaal (ed.): Political theory of the present I. An introduction , Opladen 2002, pp. 317 to 343.
  • Robert Chr. Van Ooyen: Democratic participation instead of "integration": normative state-theoretical justification of a general right to vote for foreigners. At the same time a criticism of Smend's integration theory; in: Zeitschrift für Politikwissenschaft, 2/2003, pp. 601–627.
  • Robert Chr. Van Ooyen: The integration theory of Rudolf Smend and the secret of its success in state theory and political culture after 1945; in: Journal Juristische Zeitgeschichte, 2/2008, pp. 52–57.