THE IMAGE OF MAN AND THE GROUP DYNAMICS OF THE GERMAN CONSTITUTION

Albrecht Göring, Eva Viechtbauer ( München, Germany)

The paper considers the question of the image of man and the group dynamics of the Basic Law (constitution) of the Federal Republic of Germany. The author's premise is that the constitution is founded on a preconceived view of mankind that has particularly found its way into the basic law section. The constitution has thus resolved not to adopt an attitude based on freedom from values but one, which adheres closely to values and which has been fashioned by the Federal German Constitutional Court since it entered into force and extrapolated in interpretations of the constitution: "The image of man in the Basic Law is not that of an isolated, sovereign individual; rather the Basic Law has resolved the tension between individual and community in favour of the individual's relationship with and integration into the community, without violating the individual's intrinsic value ... " (BverfGE 4,7, 15f - German Constitutional Court 4,7, 15f). The paper demonstrates that the constitutional legislative has chosen to uphold a positive image of man and the integrative group dynamics inherent to the constitution.

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