The Rule of Law in Germany: Bringing the Rechtsstaat into the 21st Century

Dana Burchardt and Hannah Birkenkötter

Freie Universität Berlin, Germany & Instituto Tecnológico Autónomo de México (ITAM) in Mexico City, Mexico

The rule of law, or Rechtsstaatsprinzip, is one of Germany’s oldest constitutional principles and forms part of Germany’s constitutional self-understanding. This book critically examines to what extent this key constitutional principle has translated into a reality for all.

The book provides a comprehensive insight into rule of law discourses in Germany. It explores Germany’s long rule of law tradition and highlights where the German state has fallen short of its rule of law promise, using historical and contemporary examples. By integrating historical, socio-legal and doctrinal perspectives, the book provides a nuanced account of a foundational principle in German constitutional thought.

Dana Burchardt is Senior Researcher at Freie Universität Berlin, Germany.

Hannah Birkenkötter is Assistant Professor at Instituto Tecnológico Autónomo de México (ITAM) in Mexico City, Mexico.

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