Principle of homogeneity (law)

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The principle of homogeneity is a constitutional principle, means “uniformly or uniformly constituted” and, as a legal term, aims at the formative guiding principles of unity and identity. These are characteristics of the constitutional order of the federal states to the constitutional order of the Federal Republic of Germany . The principle of homogeneity is anchored in Article 28, Paragraph 1, Clause 1 of the Basic Law (so-called homogeneity clause ). There it says: "The constitutional order in the countries must correspond to the principles of the republican , democratic and social constitutional state within the meaning of this Basic Law."

Should a federal state intend to abolish democracy and replace it with a monarchy , there would be two violations, namely Article 28 of the Basic Law and Article 20 of the Basic Law. Since democracy is one of the fundamental state norms of Article 20 of the Basic Law and that it is also to be implemented in the federal states in accordance with Article 28 of the Basic Law, there would be a violation of the principle of homogeneity. Furthermore, there would be a violation of the republic principle , since this excludes the form of government monarchy in the Federal Republic and thus also in the federal states via Art. 28 GG. Ultimately, there would also be a violation of the eternity clause , since democracy according to Article 79.3 of the Basic Law cannot be abolished.

Functionally, the principle of homogeneity ensures that the basic statehood of the individual federal states does not lead to a dissolution of the federal system. This would be the case if the political systems and living conditions in the individual federal states differ so greatly that they no longer have anything in common. Article 28.1 of the Basic Law therefore has the task of avoiding federal conflicts through the requirement of homogeneity.

First and foremost, this means that the constitutional order in the federal states of the Federal Republic of Germany must be organized in such a way that they correspond to the fundamental state norms of Article 20 of the Basic Law . A state cannot function without a certain degree of uniformity. A minimum of this uniformity is to be brought about via Art. 28 GG, although certain regional peculiarities are to be observed. Although the constitutions of the Federation and the Länder are generally considered to be independent, so that only a minimum degree of uniformity is required by the Basic Legislature (leeway), the negative homogeneity resulting from Article 31 of the Basic Law (“ Federal law breaks state law ”) must also be observed .

Theoretically, a strong link between the federal states and the federal state in the sense of conformity and uniformity would also be possible ; The Basic Law did not choose such a path.

Individual evidence

  1. ^ A b Walter Maier: State and Constitutional Law (Green Series). , Erich Fleischer Verlag, Achim, ISBN 3-8168-1014-4 . P. 247.
  2. ↑ BVerfG, decision of January 29, 1974, Az. 2 BvN 1/69; BVerfGE 36, 342 (361) - Lower Saxony State Salary Act.

literature