Basic obligation

This article treats the term “fundamental duty” as the counterpart to the fundamental right . There is a separate article on the basic duty of the soldier .

Basic duties are the correlate to the basic rights towards a state . They can include compulsory schooling or military service , for example .

While the second main part of the Weimar Imperial Constitution (WRV) was still headed with basic rights and basic duties of the Germans , the Basic Law for the Federal Republic of Germany does not use the word basic duty at any point. Only in Art. 33 Paragraph 1 does it say: “ Every German has the same civil rights and duties in every country. "(Art. 110 paragraph 2 WRV:" Every German has the same rights and duties in every Land of the Reich as the nationals of the Land itself. ") While some Land constitutions of the old federal states in particular explicitly mention basic rights and basic duties together, at federal level and a deficit in the new federal states.

According to the prevailing opinion , however, this is precisely the result of the idea that the Basic Law does not attach any intrinsic value to the state, and therefore cannot have any basic obligations towards it (cf. also the formulation of Art. 1 Para. 1 of the Herrenchiemsee draft : “ The state is there for the sake of man, not man for the sake of the state. ").

See also

• Civic duty
• Human obligations

literature

• Thorsten Ingo Schmidt: Basic duties , Nomos, Baden-Baden 1999, plus Diss. Göttingen 1998–1999
• Bernd Rill (Ed.): Basic rights - basic duties. An inseparable connection , Munich 2001. ISBN 3-88795-229-4
• Publications of the Association of German Constitutional Law Teachers : Legislation in the Rule of Law. Self-commitments of the administration , conference volume 40, 1982. ISBN 3-11-009555-6 .