Ernst-Wolfgang Böckenförde

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Ernst-Wolfgang Böckenförde (1989)

Ernst-Wolfgang Böckenförde (born September 19, 1930 in Kassel ; † February 24, 2019 in Au (Breisgau) ) was a German constitutional and administrative lawyer and legal philosopher . From 1983 to 1996 he was a judge at the Federal Constitutional Court . Böckenförde belonged to the knight school and was a pupil and friend of Carl Schmitt .

Live and act

Böckenförde came in 1930 as the third son of forester Josef Böckenförde (1894–1962) and his wife Gertrud, nee. Merrem (1899–1977), to the world. Of his seven siblings, two became known to a wider public: the lawyer and theologian Werner Böckenförde , Cathedral Capitular of Limburg (1928–2003), and the lawyer Christoph Böckenförde. Ernst-Wolfgang Böckenförde attended the Wilhelmsgymnasium Kassel , which he graduated in 1949. He then studied law and history at the Universities of Münster and Munich . In Münster he became a member of the Catholic student union Hansea-Halle zu Münster in the KV . In 1953 he passed the first state examination in law and was trained by Hans Julius Wolff (Münster) in 1956 with the work of law and legislative power. From the beginnings of German constitutional law to the height of constitutional positivism for Dr. jur. PhD . From 1959 to 1964 Böckenförde was a research assistant at the Institute for Public Law and Politics at the University of Münster. In 1960, Franz Schnabel in Munich received his historical doctorate as Dr. phil. with the work The constitutional research in the 19th century. Time-bound issues and models .

In addition to the academic teachers in the narrower sense, Wolff and Schnabel, two other formative figures appeared in Böckenförde's intellectual development: the philosopher Joachim Ritter (1903–1974) and the constitutional lawyer Carl Schmitt (1888–1985). Böckenförde participated in Ritter's Collegium Philosophicum in Münster from the mid-1950s and later contributed three articles to the Historical Dictionary of Philosophy published by Ritter . The Hegelianism Knight (not his Aristotelianism !) Is unmistakable in Böckenförde work. Carl Schmitt first met Böckenförde in 1953, and the contact remained until Schmitt's death in 1985. Böckenförde acted as editor of Schmitt's writings and clearly identified himself as a member of the Schmitt School. From 1957 he took part in the holiday seminars organized annually by Ernst Forsthoff between 1957 and 1971 at the Ebrach monastery , in which Schmitt himself participated until 1966, and was one of the editors of the commemorative publication on Schmitt's 80th birthday. He is considered to be an important “post-war student” of Schmitt, who ensured his “liberal reception” in the Federal Republic . Christoph Möllers commented : "This statement is also correct at second glance, only because Schmitt's most reliable intellectual constant was his anti-liberalism, it leaves most of it open."

The avowed Catholic Böckenförde became known to a wider public through critical intra-Catholic debates even before he was given a professorship. In 1957, the magazine Hochland published his essay The Ethos of Modern Democracy and the Church , in which he advocated the unreserved recognition of democracy as a form of government by the Catholic Church . In 1960/61 he worked together with Robert Spaemann against the theses of Father Gustav Gundlach SJ, who had declared the nuclear defense war to be morally justified. In 1961, Böckenförde's famous Hochland essay Der deutsche Katholizismus was published in 1933. A critical examination . The text sparked a heated controversy that advanced research into Catholic contemporary history, particularly in the Contemporary History Commission established in 1962 . A certain conclusion of this phase was Böckenförde's journalistic commitment to the declaration of religious freedom at the Second Vatican Council . He described the declaration “ Dignitatis humanae ” (1965), which was finally adopted , with a formulation by Josef Isensee as a “Copernican turn” in church teaching.

At the beginning of the 1960s, Böckenförde founded the magazine Der Staat together with Roman Schnur . Journal of State Theory, Public Law and Constitutional History , the first issue of which appeared in 1962. Böckenförde and Schnur had won Werner Weber , Hans Julius Wolff and the historian Gerhard Oestreich as editors. The new journal was intended to compete with and complement the archive of public law and, unlike the dogmatic archive , pursued a decidedly interdisciplinary approach: In addition to lawyers, political scientists, historians and philosophers found their forum in the journal, and the point of reference was the state as such . Behind the competing magazines, however, the competing “schools” of constitutional law theory in the early Federal Republic were also recognizable: the Smend school behind the archive and the Schmitt school behind the “state”. Böckenförde was editor of the magazine until 1984 and was its co-editor until his death in 2019.

In 1964 Böckenförde completed his habilitation in Münster with the thesis The Organizational Power in Government. An investigation into the constitutional law of the Federal Republic of Germany . This was followed by professorships for public law, constitutional and legal history and legal philosophy at the universities of Heidelberg (1964–1969), Bielefeld (1969–1977) and Freiburg im Breisgau (1977–1995, retirement ). Adalbert Podlech , Rolf Grawert , Rainer Wahl , Bernhard Schlink , Albert Janssen , Joachim Wieland , Christoph Enders and Johannes Masing completed their habilitation at Böckenförde . Böckenförde emphasized that he "(...) did not set up or seek to form a Böckenförde school"; In particular, the attitude towards Carl Schmitt's work was always left to his academic students.

Böckenförde's scientific reputation was based, in addition to his academic qualification theses, on a number of important essays from the 1960s and 70s, which he collected in volumes of the suhrkamp taschenbuchwissenschaft series and thus made available to a wider public. The following should be emphasized: Lorenz von Stein as theoretician of the movement from state and society to the welfare state (1963), The German type of constitutional monarchy in the 19th century (1967), The emergence of the state as a process of secularization (1967, here the much-discussed Böckenförde- Dictum ), the emergence and change of the concept of the rule of law (1969), the importance of the distinction between state and society in the democratic welfare state of the present (1972), fundamental rights theory and interpretation of fundamental rights (1974), the state as a moral state (1978). In the 1980s there was a noticeable concentration on the topic of “democracy”, culminating in the large handbook contribution Democracy as a Constitutional Principle (1987). Böckenförde did not provide a comprehensive description of his state and constitutional doctrine. The understanding of the state that emerges from his writings was called "liberal statism ", his constitutional theory as "limiting constitutional theory". According to historian Jens Nordalm , he defined the state as a "sphere of protected freedom, including freedom of thought and expression, and assured equality - especially against social conditions, the inequalities and constraints of society."

Michael Otto : Portrait of Ernst-Wolfgang Böckenförde, 2014, black chalk, paper, 30 × 21 cm

In addition to his academic work, Böckenförde remained politically and socially active. He continued his involvement in Catholicism , for example in the Bensberg Circle when drafting the Poland Memorandum (1968) or as a long-time advisor to the Central Committee of German Catholics . In 1967 Böckenförde joined the SPD . Since the end of the 1950s, the rapprochement with the party had primarily come about through contact with Adolf Arndt : Böckenförde advocated the transformation of the SPD into a people 's party , which was also implemented by Arndt, and felt himself closest to the social democracy with his conception of the welfare state based on Lorenz von Stein; In addition, he firmly rejected the usual election recommendations of Catholic bishops in favor of the Union parties . In 1969 he was appointed to the legal policy committee of the party executive committee. From 1971 to 1976 he was a member of the Constitutional Reform Study Commission of the German Bundestag . Böckenförde took part in controversial debates of the time: In a paper from 1967, he described the identity theory under German law as the “legal lie of the Federal Republic”. As early as the early 1970s, he publicly advocated a reform of Section 218 of the Criminal Code in the sense of an indication regulation within the party , worked on Federal Justice Minister Gerhard Jahn in this regard, but was unable to assert himself within the SPD. Böckenförde also intervened in the dispute over the radical decree with sharp statements, insisting that the rule of law could evaluate the behavior, but not the attitude of civil servants.

At the suggestion of the SPD, Böckenförde was elected to the Second Senate of the Federal Constitutional Court by the Federal Council on October 7, 1983 and was a member of the court from December 20, 1983 to May 3, 1996. He followed Joachim Rottmann , followed by Winfried Hassemer . Böckenförde was the first self-confessed Schmittian "for whom the 'school ban' was lifted" ( Wilhelm Hennis ), which can certainly be explained by the fact that Böckenförde was not only a Schmittian, but also a Catholic and a social democrat. In his department he was primarily responsible for asylum law and financial constitution and budget law and prepared important decisions as rapporteur. He is remembered with a total of 11 special votes as one of the “great dissenters” in the history of the Federal Constitutional Court, whereby two differing opinions should be emphasized: the party donation ruling (1986) and the wealth tax ruling (1995); in both cases the Senate later followed Böckenförde's view. He gained lasting influence on the jurisprudence of his Senate by anchoring his theory of democracy (“ legitimation chain theory ”) in a series of judgments. The abortion procedure in 1992/93 brought him into public criticism because he was temporarily involved in the legal association “Lebensrecht e. V. “had heard; At Böckenförde's request, the Senate examined his bias and declared him not biased; He essentially supported the judgment of May 28, 1993.

After he left the Federal Constitutional Court in 1996, Böckenförde remained present in public debates: Under the title Legal Training - On the Way to Sideline? In 1996 he gave a lecture that gave the impetus for the so-called Ladenburg Manifesto for the reform of legal training . After the Catholic Church had decided in 1998/99 to get out of the state system of pregnancy conflict counseling (Schein), lay people founded the civil association Donum vitae ; Böckenförde was one of the founding members and was a member of the Board of Trustees of the Donum Vitae Foundation until his death in 2019. In the bioethics debate of the early 2000s, Böckenförde turned against tendencies to relativize the guarantee of human dignity in the Basic Law, especially in the discussion of Matthias Herdegen's 2003 new comment on Article 1, Paragraph 1 of the Basic Law in Maunz-Dürig . Following on from his lifelong preoccupation with the secularized state and religious freedom , he spoke out against a general ban on headscarves in schools. In 2007, Böckenförde expressed itself in a newspaper article “aktuell” against an Islam that could possibly be inclined due to the “majority formation” to deprive other religions and world views of their exercising rights - in this case “the state would have to ensure that this religion or theirs Followers remain in a minority position. This would make appropriate political arrangements in the area of ​​freedom of movement, migration and naturalization necessary ”.

In his speech Europe and Turkey. The European Union at a crossroads? on the occasion of the award of the Hannah Arendt Prize (2004), he opposed Turkey's accession to the EU. In 2009, against the background of the global economic crisis, since 2007, Böckenförde published the text What is sick of capitalism , which is critical of capitalism , in which he describes modern capitalism as a secondary system following Hans Freyer's theory of the present age , speaks of the "inhuman character" of capitalism and pleads for the Catholic social doctrine "to wake up from its slumber".

Since 1977 Böckenförde has been a corresponding member of the North Rhine-Westphalian Academy of Sciences and Arts and since 1989 a corresponding member of the Bavarian Academy of Sciences .

Ernst-Wolfgang Böckenförde had been married since 1964 and had three children. He lived in Au near Freiburg. He died there in February 2019 at the age of 88.

Honors

Pope John Paul II appointed Böckenförde on August 26, 1999 as Commander of the Papal Order of Knights of St. Gregory the Great .

He was awarded honorary doctorates by the Catholic theological faculties of the Universities of Bochum (1999) and Tübingen (2005), as well as the law faculties of the Universities of Basel (1987), Bielefeld (1999) and Münster (2001).

In 1978 Böckenförde was awarded the Reuchlin Prize of the City of Pforzheim , in 2004 the Hannah Arendt Prize for Political Thought and the Romano Guardini Prize of the Catholic Academy in Bavaria . In 2012 he received the Sigmund Freud Prize for scientific prose from the German Academy for Language and Poetry .

On May 10, 2003, Böckenförde was awarded the Baden-Württemberg Medal of Merit . On April 29, 2016, Federal President Joachim Gauck awarded him the Great Cross of Merit with Star and Shoulder Ribbon in Bellevue Palace .

Fonts (selection)

  • Law and Legislative Power. From the beginnings of German constitutional law to the height of constitutional positivism . Berlin: Duncker & Humblot , 1958, DNB 450524264 (= publications on public law, 1). [legal dissertation University of Münster 1956, 360 pages], 2nd, supplemented edition 1981, ISBN 978-3-428-04898-4 .
  • German constitutional research in the 19th century. Time-bound issues and models . Duncker & Humblot, Berlin 1961, DNB 450524256 (= writings on constitutional history, volume 1) (philosophical dissertation University of Munich May 17, 1961, 226 pages); 2nd edition 1995, ISBN 978-3-428-08589-7 .
  • Organizational power in government. An investigation into the constitutional law of the Federal Republic of Germany (= writings on public law , Volume 18). Duncker & Humblot, Berlin 1964 (habilitation thesis, University of Münster [1964], 348 pages, 2nd edition, 1998, ISBN 978-3-428-02477-3 ).
  • The legal conception in the communist state . Munich: Kösel, 1967.
  • (Ed. :) Modern German Constitutional History (1815–1918) . Kiepenheuer & Witsch, Cologne 1972; 2nd edition, Verlagsgruppe Athenäum - Hain - Scriptor - Hanstein, Königstein im Taunus 1981, ISBN 3-445-02078-7 .
  • Church mandate and political decision . Rombach, Freiburg im Breisgau 1973.
  • The constitutional theoretical distinction between state and society as a condition of individual freedom. Westdeutscher Verlag, Opladen 1973.
  • Organ, tax group, legal person. Critical reflections on the basic concepts and the construction basis of state organizational law . In: Christian-Friedrich Menger (Ed.): Advances in administrative law. Festschrift for Hans J. Wolff on his 75th birthday . Munich: Beck, 1973, pp. 269-305.
  • Constitutional issues of the election of judges. Represented on the basis of the draft laws for the introduction of the election of judges in North Rhine-Westphalia . Berlin: Duncker & Humblot, 1974 (= Public Law Writings, Volume 250). 2nd edition 1998. ISBN 978-3-428-03217-4 .
  • State, society, freedom. Studies on state theory and constitutional law . Frankfurt am Main: Suhrkamp, ​​1976 (= stw 163).
  • (Ed. :) State and society . Darmstadt: Wissenschaftliche Buchgesellschaft, 1976 (= Paths of Research , Volume 471).
  • The state as a moral state . Berlin: Duncker & Humblot, 1978, ISBN 978-3-428-04254-8 .
  • (Ed. :) Extremists and public service. Legal situation and practice of access to and dismissal from the public service in Western Europe, USA, Yugoslavia and the EC . Baden-Baden: Nomos, 1981.
  • (Ed. :) Basic social rights . Heidelberg: Müller, 1981.
  • State, society, church . Freiburg: Herder, 1982.
  • (Ed. :) Constitutional law and political theory in the Third Reich . Heidelberg: Müller, 1985.
  • The constituent power of the people. A borderline concept of constitutional law . Frankfurt am Main: Metzner, 1986.
  • (Co-ed. :) Human rights and human dignity. Historical requirements - secular figure - Christian understanding . Stuttgart: Klett-Cotta 1987.
  • Law, state, freedom. Studies in legal philosophy, state theory and constitutional history . Frankfurt am Main: Suhrkamp, ​​1991 (= stw 914). 4th, exp. 2006 edition. ISBN 978-3-518-28514-5 .
  • State, constitution, democracy. Studies on constitutional theory and constitutional law . Frankfurt am Main: Suhrkamp, ​​1991 (= stw 953).
  • Which way is Europe going? Munich: Carl-Friedrich-von-Siemens-Stiftung, 1997 (= lectures, volume 65).
  • State, nation, Europe. Studies in political theory, constitutional theory and legal philosophy . Frankfurt am Main: Suhrkamp, ​​1999 (= stw 1419). 2nd edition 2000. ISBN 978-3-518-29019-4 .
  • On the change in the image of man in law . Münster: Rhema 2001 (Gerda Henkel lectures). ISBN 978-3-930454-29-7 .
  • History of legal and state philosophy - antiquity and the Middle Ages , Tübingen: Mohr Siebeck, 2002. 2., revised. u. exp. 2006 edition. ISBN 978-3-16-149165-8 .
  • Fundamental rights in Germany and Europe. Speeches on the honorary doctorate in Münster (with David Edward and Erich Schumann). Münster: Lit, 2002. ISBN 978-3-8258-6215-2 .
  • Security and self-preservation before justice. The paradigm shift and transition from a natural law to a positive legal basis of the legal system in Thomas Hobbes . Basel: Schwabe 2004. ISBN 978-3-7965-2110-2 .
  • Church and Christian Faith in the Challenges of Time. Contributions to the political-theological constitutional history 1957–2002 . Münster: Lit, 2004. 2., alter. 2007 edition. ISBN 978-3-8258-6604-4 .
  • The secularized state. Its character, its justification and its problems in the 21st century . Volume 86 of the Carl Friedrich von Siemens Foundation. Munich, Carl Friedrich von Siemens Stiftung , 2007. ISBN 978-3-938593-06-6 .
  • On the ethos of jurists Berlin: Duncker & Humblot, 2010. ISBN 978-3-428-13317-8 .
  • Science, politics, constitutional court. Essays by Ernst-Wolfgang Böckenförde. Biographical interview by Dieter Gosewinkel . Berlin: Suhrkamp 2011 (= stw 2006). ISBN 978-3-518-29606-6 .

literature

Web links

Commons : Ernst-Wolfgang Böckenförde  - Collection of images, videos and audio files

Footnotes

  1. a b Dagmar Drüll: Heidelberger Gelehrtenlexikon 1933–1986. Berlin / Heidelberg 2009, p. 119.
  2. Jens Hacke : Philosophy of Bourgeoisie. The Liberal Democratic Justification of the Federal Republic , Göttingen 2006, pp. 35–45.
  3. Historical Dictionary of Philosophy , ed. by Joachim Ritter, Karlfried Gründer and Gottfried Gabriel , Basel: Schwabe, 13 volumes 1971–2007; Böckenfördes article: Normativism (volume 6, p. 932 f.), Order thinking, concrete (Schmitt) (volume 6, p. 1312-1315) and the rule of law (volume 8, p. 332–342).
  4. ^ Florian Meinel: The Heidelberg Secession. Ernst Forsthoff and the «Ebracher Ferienseminare» . In: Zeitschrift für Ideengeschichte 5 (2011), pp. 89–108.
  5. ^ Hans Barion / Ernst-Wolfgang Böckenförde / Ernst Forsthoff / Werner Weber (eds.): Epirrhosis. Ceremony for Carl Schmitt on his 80th birthday. 2 volumes, Berlin 1968.
  6. ^ Reinhard Mehring: On the newly collected writings and studies of Ernst-Wolfgang Böckenfördes . In: Archives of Public Law 117 (1992), pp. 449–473, here: p. 450.
  7. ^ Christoph Möllers: Roman conciliarism and political reform. Ernst-Wolfgang Böckenförde on his 80th birthday . In: Zeitschrift für Ideengeschichte 4 (2010), pp. 107–114, here: p. 109.
  8. Mark Edward Ruff: Catholic Church in the Third Reich. Criticism and critics in the Adenauer era . In: to debate. Topics of the Catholic Academy in Bavaria , Issue 1 (2013), pp. 39–41.
  9. All texts mentioned are printed in: Ernst-Wolfgang Böckenförde: Church and Christian Faith in the Challenges of Time. Contributions to the political and theological constitutional history 1957–2006 , Berlin 2007; Quote from Isensee, p. 195.
  10. Stefan Korioth : Against the persuasion of the state. Ernst-Wolfgang Böckenförde and the creation of the magazine “Der Staat” . In: Reinhard Mehring / Martin Otto (ed.): Requirements and guarantees of the state. Ernst-Wolfgang Böckenfördes State Understanding , Baden-Baden 2014, pp. 30–45; Michael Stolleis: History of Public Law in Germany. Vol. 4: 1945–1990 , Munich 2012, p. 492 f.
  11. Mirjam Künkler / Tine Stein: State, Law and Constitution. Ernst-Wolfgang Böckenfördes political and constitutional thinking in context. In: Annual Public Law of the Present 65 (2017), pp. 573–610, here: p. 594.
  12. ^ Ernst-Wolfgang Böckenförde / Dieter Gosewinkel: Biographical interview . In: Ernst-Wolfgang Böckenförde: Science, Politics, Constitutional Court , Berlin 2011, p. 424.
  13. ^ Ernst-Wolfgang Böckenförde: Words of thanks . In: Rainer Wahl / Joachim Wieland: The right of people in the world , Berlin 2002, p. 151–156, quotation p. 155.
  14. In 1991 the first edition of the volumes Recht, Staat, Freiheit und Staat, Verfassungs, Demokratie appeared (in these volumes all the articles mentioned except “The State as Moral State”, which appeared as a separate print), through which the 1976 published, but out of print volume State, Society, Freedom was replaced and expanded; State, Nation, Europe followed in 1999 and Science, Politics, Constitutional Court followed in 2011 .
  15. ^ Ernst-Wolfgang Böckenförde: Democracy as a constitutional principle . In: Josef Isensee / Paul Kirchhof: Handbook of the constitutional law of the Federal Republic of Germany , Vol. 1, Heidelberg 1987, pp. 887–950.
  16. Christoph Schönberger: The Indian Summer of a Liberal Statism. Ernst-Wolfgang Böckenförde as constitutional judge. In: Hermann-Josef Große Kracht / Klaus Große Kracht (Ed.): Religion, Law, Republic. Studies on Ernst-Wolfgang Böckenförde. Paderborn 2014, pp. 121-136.
  17. Norbert Manterfeld: The limits of the constitution. Possibilities of limiting constitutional theory of the Basic Law using the example of E.-W. Böckenfördes. Berlin 2000.
  18. cf. Essay by Jens Nordalm, The Unease in Sociology: Why it is a Mistake to Overlook the Individual when it comes to the political mood in the country. In: Zeit online from April 9, 2018 http://www.zeit.de/2018/15/gemeinwohl-soziologie-individuum-politische-stimmung-deutschland/komplettansicht
  19. ^ Johanna Falk: Freedom as a political goal. Basic models of liberal thinking in Kant, Hayek and Böckenförde . Campus-Verlag, Frankfurt am Main 2012, p. 147 with note 3.
  20. Honoring Böckenfördes for 50 years of membership in the SPD
  21. ^ Ernst-Wolfgang Böckenförde / Dieter Gosewinkel: Biographical interview . In: Ernst-Wolfgang Böckenförde: Science, Politics, Constitutional Court , Berlin 2011, pp. 305–486, here: 408 f.
  22. Ernst-Wolfgang Böckenförde: The legal conception in the communist state , Munich 1967, p. 99.
  23. See his article from 1971 Abolition of § 218 StGB? , reprinted in: Ernst-Wolfgang Böckenförde: Church and Christian Faith in the Challenges of Time . LIT, Berlin 2007, pp. 333-356.
  24. Basic state-philosophical presentation of the problem in Ernst-Wolfgang Böckenförde: The state as a moral state . Berlin 1978, especially pp. 26-30.
  25. ^ Ernst-Wolfgang Böckenförde / Dieter Gosewinkel: Biographical interview . In: Ernst-Wolfgang Böckenförde: Wissenschaft, Politik, Verfassungsgericht , Berlin 2011, pp. 305–486, here: pp. 405–410.
  26. ^ Wilhelm Hennis: Integration through the constitution? Rudolf Smend and the approaches to the constitutional problem after 50 years under the Basic Law . In: Wilhelm Hennis: Governing in the modern state. Political science treatises I , pp. 353–380, here: p. 356.
  27. ^ Ernst-Wolfgang Böckenförde / Dieter Gosewinkel: Biographical interview . In: Ernst-Wolfgang Böckenförde: Wissenschaft, Politik, Verfassungsgericht , Berlin 2011, pp. 451–454. Central decisions on asylum law: BVerfGE 74, 51 (post-flight offenses), BVerfGE 76, 143 (Ahmadiyya), BVerfGE 80, 315 (Tamils); on financial constitutional law: BVerfGE 86, 148 (financial equalization II).
  28. BVerfGE 67, 1 (21) (retirement age, with Helmut Steinberger ), BVerfGE 69, 1 (57) (conscientious objection, with Ernst Gottfried Mahrenholz ), BVerfGE 70, 324 (380) (budgetary control of the intelligence services), BVerfGE 73, 40 ( 103) (Party donations III), BVerfGE 82, 30 (40) (exclusion of judges, with Hans Hugo Klein ), BVerfGE 87, 68 (90) (judges' election committees, with Karin Graßhof and Paul Kirchhof ), BVerfGE 88, 203 (359) (termination of pregnancy II), BVerfGE 90, 286 (390) (out-of-area missions, with Konrad Kruis ), BVerfGE 93, 121 (149) (wealth tax), BVerfGE 94, 115 (163) (safe countries of origin), BVerfGE 94, 166 (223) (airport proceedings, with Jutta Limbach and Bertold Sommer ).
  29. ^ So Christoph Schönberger : The Indian Summer of a Liberal Statism. Ernst-Wolfgang Böckenförde as constitutional judge . In: Hermann-Josef Große Kracht / Klaus Große Kracht: Religion, Law, Republic. Studies on Ernst-Wolfgang Böckenförde , Paderborn 2014, pp. 121–136, here: p. 131.
  30. ^ Christoph Schönberger: The Indian Summer of a Liberal Statism. Ernst-Wolfgang Böckenförde as constitutional judge . In: Hermann-Josef Große Kracht / Klaus Große Kracht: Religion, Law, Republic. Studies on Ernst-Wolfgang Böckenförde , Paderborn 2014, pp. 121–136, here: pp. 133 f. Central judgments: BVerfGE 83, 37 (foreigners 'right to vote I), BVerfGE 83, 60 (foreigners' right to vote II), BVerfGE 89, 155 (Maastricht), BVerfGE 93, 37 (Codetermination Act Schleswig-Holstein).
  31. ^ Hanno Kühnert: Little hope in Karlsruhe . Zeit Online 1992. Retrieved May 26, 2016 .
  32. BVerfGE 88, 203 ; Böckenförde's special vote related to the exclusion of health insurance benefits: he considered this to be neither forbidden nor necessary, but optional by law.
  33. ^ Ernst-Wolfgang Böckenförde: Legal training - on the way to sideline? . In: Juristenteitung 52 (1997), pp. 317–326; the “Ladenburger Manifest” in: Neue Juristische Wochenschrift 1997, p. 2935.
  34. Ernst-Wolfgang Böckenförde: Science, Politics, Constitutional Court , Berlin 2011, p. 450.
  35. ^ Ernst-Wolfgang Böckenförde: Human dignity was inviolable. On the new comment on the guarantee of human dignity in the Basic Law . In: Ernst-Wolfgang Böckenförde: Law, State, Freedom. Extended edition, Frankfurt / M. 2006, pp. 379-388; about this: Tine Stein: Ernst-Wolfgang Böckenförde and the dispute over the interpretation of human dignity. Between intellectual-historical origins and secular constitutional order. In: Hermann-Josef Große Kracht / Klaus Große Kracht (Hrsg.): Religion - Law - Republic. Studies on Ernst-Wolfgang Böckenförde . Paderborn 2014, pp. 137–154.
  36. Ernst-Wolfgang Böckenförde: The secularized state. Its character, its justification and its problems in the 21st century , Munich 2006, pp. 32–34.
  37. Ernst-Wolfgang Böckenförde: Gesetzestreu im freiheitlichen Staat , Kölner Stadtanzeiger , July 4, 2007 (the author is not named on the KStA website, however; for checking the authorship see the article citation at books.google.de here ); s. also Martin Rhonheimer : “Can Islam be reconciled with the free constitutional state? And what if there was no prospect of that? ” , Neue Zürcher Zeitung , 20 Aug. 2019
  38. ^ Ernst-Wolfgang Böckenförde: Europe and Turkey . In: Ernst-Wolfgang Böckenförde: Science, Politics, Constitutional Court , Berlin 2011, pp. 281–298.
  39. First published in the magazine Mut No. 500, April 2009, pp. 96-104, then under the title What is sick of capitalism? A counter model to inhumane capitalism in: Süddeutsche Zeitung of April 24, 2009, p. 8; reprinted in: Ernst-Wolfgang Böckenförde: Wissenschaft, Politik, Verfassungsgericht , Berlin 2011, pp. 64–71, there the quotations p. 69 f.
  40. ^ AWK: Corresponding members
  41. Frankfurter Allgemeine Zeitung No. 48 of February 26, 2019, p. 4.
  42. Federal Constitutional Court - Press - The former judge of the Federal Constitutional Court Prof. Dr. Dr. hc mult. Ernst-Wolfgang Böckenförde has died. Retrieved February 25, 2019 .
  43. AAS 92 (2000), n.8, p. 652.
  44. Press release on the award ceremony