Cultural statehood

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Cultural statehood is an example of a state goal . It means that the state protects and promotes cultural institutions, the arts , scientific research and teaching, education and artistic activity.

With the establishment of a Ministry of Culture (Ministry of Clergy, Teaching and Medical Affairs) - one of the earliest of its kind in Europe - since 1817, the Prussian state has been responsible for the promotion of culture in its main areas of teaching (schools and Universities), sciences (academies) and the arts are increasingly recognized and realized as a separate task. Due to its achievements in school, science and art policy, which were also internationally recognized at the time, Prussia was increasingly characterized by a high level of cultural statehood until 1933.

The Federal Republic of Germany has not yet anchored the protection and promotion of culture in its Basic Law . In June 2005, the Enquête Commission “Culture in Germany” recommended in its interim report to the German Bundestag that the state goal of culture be included in the Basic Law. Thereafter, this should be supplemented by an additional Article 20b with the wording “The state protects and promotes culture”.

However, the First Senate of the Federal Constitutional Court has already ruled in a judgment of March 5, 1974 that Article 5, Paragraph 3 of the Basic Law contains “a right to freedom for all artists and all those involved in the presentation and distribution of works of art”, “which they should not intervene protects against public violence in the artistic field. The constitutional norm does not only have this negative meaning. As an objective value decision for the freedom of art, it sets the modern state, which also sees itself as a cultural state in the sense of a state objective , the task of maintaining and promoting a free artistic life. "

literature

  • Bärbel Holtz: Prussia's cultural statehood in the long 19th century in the focus of his ministry of culture , in: Wolfgang Neugebauer and Bärbel Holtz (eds.): Kulturstaat und Bürgergesellschaft . Prussia, Germany and Europe in the 19th and 20th centuries, Akademie Verlag Berlin 2010, pp. 55–77.
  • Oliver Scheytt : Germany as a cultural state. Plea for an activating cultural policy , transcript Verlag, Bielefeld 2008, ISBN 978-3-89942-400-3 .
  • Study Commission "Culture in Germany": Culture as a national goal. Interim report. Bundestag printed paper 15/5560 (PDF; 257 kB), dated June 1, 2005.

Individual evidence

  1. BVerfG, judgment of March 5, 1974, Az. 1 BvR 712/68, BVerfGE 36, 321 , 331 - records.