Teoria de la Constitució com a ciència de la cultura en l'exemple dels 50 anys de la Llei fonamental

Resum

The theory of the constitution as a cultural science is a product of the comparative analysis of constitutions in space and time. They are analyzed as a reflection of the cultural development of a community, which expounds its model for living, its past and its vision of the future. The specific case of the Basic Law (bl)(1949) answered the needs of Germany in the wake of the national socialist period, and arose out of the federal spirit captured in the German Länder, which existed prior to the bl. The bl features elements of earlier constitutions and has served as a model for a number of later ones (those of Greece, Spain and Poland). It attaches a great deal of importance to human dignity and all those aspects that contribute to its realization (10 areas are mentioned, including freedom on the basis of culture, environmental protection, education, national sovereignty and the protection of minorities). Over the past 50 years, the bl has gone through several stages demanding changes and alterations according to the historical moment: Germany's recovery of sovereignty and the experiment of the broad coalition (1949-68), the policy of rapprochement with the East (1969-1982), the consolidation of a robust democracy (1982-1989), and the reunification without a new constitution (1990 to the present). Overall, the constitutional development from a scientifico-cultural viewpoint can be assessed as positive: human rights, social peace, federalism, the welfare state. However, certain shortfalls should also be noted: the mercantilization of unification, the integration of foreign residents, unemployment. The current framework is no longer Germany but Europe, and in this new context, constitutional development occurs on a European scale.