First and foremost, our state is a liberal constitutional state that grants and secures the rights and dignity of its citizens.
At a glance
- Rule of law and democracy are mutually dependent. They are enshrined in the Basic Law as fundamental constitutional principles and form the cornerstones of our liberal order.
- Law and politics exist in a relationship of tension. On the one hand, applicable law is the result of political decisions, while in democracies it is the task of the law to limit policy-makers’ scope for action, on the other.
- Globalisation, digitalisation and processes of transformation in society raise questions about the future of the liberal constitutional state and present it with major challenges.
- We are developing and promoting ideas on how constitutional principles can also be safeguarded in the future. For us, constitutional law is the foundation and the beating heart of our legal policy work.
- Abroad, we promote rule-of-law structures, the separation of powers (checks and balances) and an independent judiciary, to name a few, in various project countries through our Rule of Law Programme.
Content
1. Democracy needs the rule of law – and vice versa
2. The tension between law and politics
3. The constitution as the basis of our work
4. Thinking internationally about the rule of law and democracy
5. Our offers and projects on the topic
6. Publications, events and media contributions on the topic
Democracy needs the rule of law – and vice versa
Rule of law and democracy are two of the fundamental constitutional principles enshrined in Article 20 of the German Constitution and pillars of our liberal basic order. Protecting and preserving them is what guides our actions and is of top priority. The Konrad-Adenauer-Stiftung’s projects at both national and international level advocate for the recognition of democratic principles, their implementation and further development.
The tension between law and politics
The balanced interaction between law and politics is essential for the legitimacy and performance of our state. Here, law and politics have a special relationship with one another: On the one hand, law is the outcome of political decisions, but at the same time law limits and controls the scope of action of politics. It is important to shape this tension in a productive way.
The constitution as the basis of our work
Constitutional law is the basis and core of our legal policy work. We would like to raise awareness about the significance of the Basic Law, and draw attention to conflicts and challenges surrounding the protection of fundamental rights and constitutional principles. Digitalisation and globalisation as well as changing social attitudes raise questions about the future of our liberal constitutional state. The Konrad-Adenauer-Stiftung provides and promotes ideas on how constitutional principles can be safeguarded and developed in light of this change.
To that end, we accompany legislative processes in all areas of society with analyses and recommendations on reform projects. We provide information about the judiciary, especially about current and fundamental decisions taken by the Federal Constitutional Court. We cultivate and promote exchange among representatives from politics, jurisprudence, the judiciary and society on current legal policy issues.
Thinking internationally about the rule of law and democracy
At the same time, our legal policy work is a reflection of the Konrad-Adenauer-Stiftung’s European and international orientation. The increasing Europeanisation and internationalisation of almost all areas of life present legislators and courts with difficult tasks when making their decisions. Our aim is to promote the interaction between national, European and international law through consultation and exchange of ideas.
International Rule of Law Programme
The goals of the work of our Rule of Law Programme include encouraging and maintaining rule of law structures, advocating for the separation of powers and a strong, independent judiciary, as well as guaranteeing fundamental and human rights. The six regional programmes are located here: Bogotá (Colombia) for Latin America, Singapore for Asia, Nairobi (Kenya) and Dakar (Senegal) for Sub-Saharan Africa (Anglophone and Francophone), Bucharest (Romania) for South-east Europe and Beirut (Lebanon) for the Middle East/North Africa. The global work on rule of law is coordinated from Berlin, with a focus being on global rule of law issues.
Rule of Law Academy
The Rule of Law as a political and legal commitment contributes profoundly to justice and prosperity in a community. It is a foundation stone for democratic governance and the full enjoyment of individual rights. It is also challenging to define, especially as different communities prioritize different facets of what is a complex concept. Does the Rule of Law require reflexive implementation of positive law, or does it demand appeals to elusive values like equity and dignity? On top of all this, the Rule of Law is fragile. It has blossomed relatively recently in human affairs. And it faces constant threats to its resonance and viability. The autocrats and thugs it disempowers will always seek to undermine or even eradicate the Rule of Law.
Event series
Key to our work in the field of legal policy are the annual events of the Berliner Rechtspolitische Konferenz (Berlin Legal Policy Conference) and the Berlin Annual Review of decisions taken by the Federal Constitutional Court from the previous year.
Berlin Legal Policy Conference
Once a year, high-ranking representatives from politics, academia and the judiciary come together at the traditional and distinguished Berlin Legal Policy Conference at the Konrad-Adenauer-Stiftung Academy to debate current legal policy issues in controversial panel discussions.
Berlin Annual Review
With the Berlin Annual Review, the Konrad-Adenauer-Stiftung has created its own event series dedicated to the German Constitutional Court and its work as the supreme interpreter of the Constitution and guardian of the Basic Law. The main emphasis of this forum are the most important decisions taken by the Karlsruhe Court from last year.
Podcasts and publication projects
In our podcast "Rule of Law Rules", we look at issues surrounding the rule of law in the era of digitalisation. What is more, the drop-down menu below will provide you with multi-part publication projects on current legal policy issues.
Rule of Law Rules
In 2021, the podcast “Rule of Law Rules” was produced on the annual theme of the Rule of Law Programmes “Rule of Law in the age of digitalization”. Dr Angela Daly interviews international experts on data protection, legal tech and the use of artificial intelligence. The podcast is in English and comprises twelve episodes.
Contributions to the Debate on Abortion
The Criminal Code consolidates key norms to protect essential legal rights of its citizens, including the protection of life and unborn children. The Federal Constitutional Court regularly emphasizes the constitutional obligation of the state to protect life and physical integrity of its citizens. This is also evident in the current legal regulations under § 218 ff. StGB. The importance of the existing legal compromise should not be underestimated in the context of our democratic society.
Learn more about the contributions to the debate on abortion
Contributions to the Debate on Assisted Suicide as an Act of Business
After the German Constitutional Court declared § 217 of the German Penal Code (StGB), which criminalised the commercial promotion of suicide, to be null and void in February 2020, politics and society now face the question on how to deal with wishes to die and assisted suicide. Read our contributions to the debate on the topic of commercial assisted suicide.
Learn more about the contributions to the debate on assisted suicide
Contributions to the Debate on Triage
With the onset of the pandemic in Spring 2020, the question about how to deal with triage situations has gained frightening relevance. Here you will find a compilation of our legal policy contributions on the issue of triage.
Publications to the topic
Lina Selg, ANP, picture alliance.
Crisis of International Law?
A Call for Better Expectation Management
IMAGO / foto2press
Between scandals, election successes and court judgements – the AfD in 2024
A retrospective of key developments such as the the European elections, the party convention in Essen and the state elections in Eastern Germany
KALUZA+SCHMID Studio GmbH, Berlin
Stress test for Germany's domestic security
Responses to multiple crises and internationally networked actors
UN Habitat
Adequate housing as a human right: A call to action at the World Urban Forum in Cairo
World Cities Day
Meeting of Czech and Slovak parliamentary assistants in Prague continues in 2024
Inter-parliamentary meeting of parliamentary assistants of the Parliament of the Czech Republic and the National Assembly of the Slovak Republic in Prague
ESG principles and Disclosures in United Kingdom and South Africa (The Fourth Report)
Interdisciplinary Journal of Economics and Business Law
Ratification of the Additional Protocols to the Geneva Convention of 12 August 1949
Map of the Month 08/2024
Adobe Stock / Shutter2U / Generated with AI
IBAR: The Interim Benchmark Assessment Report in the EU Accession Process
The role and significance of the IBAR as a milestone of European integration for Montenegro and other Southeast European states.
Referendum 2024 and the Way to Constitutional Amendment
Seminar proceeding on key insights, debates, and challenges surrounding different proposals to amend the Referendum Act and their possible impacts
UN Photo/Evan Schneider
A South African case study for international dialogue and solidarity for justice and lasting peace
Nelson Mandela International Day
i.Law TH
Thailand's Quest for Democracy and the Rule of Law
Trials and setbacks since the formation of the government in 2023
UN Photo/Pasqual Gorriz
Multilateralism in Action: Marking the 76th International Day of UN Peacekeepers
International Day of UN Peacekeepers
Flickr
„Living Instrument“
Zur Integrationskraft unserer Verfassung und zu ihrer Zukunftstauglichkeit
Event Reports on the topic
Zuwanderung und Zugehörigkeit
Eine Bilanz des 1. Rheingauer Gesprächs zu Staat und Recht an der EBS Universität am 05.12.2024
Schutz der Demokratie – zwischen individueller Freiheit und öffentlicher Sicherheit
18. Berliner Rechtspolitische Konferenz
75 Jahre Grundgesetz – eine Würdigung in Wort und Klang
Feierstunde zum Tag der Deutschen Einheit in Kooperation mit dem Beethovenfest
Jana Reimann-Grohs/KAS
Der Berliner Jahresrückblick 2024
Rückblick auf die Rechtsprechung des Bundesverfassungsgerichts
Jana Reimann-Grohs/KAS
Einwanderungsland Deutschland – Rechtliche Perspektiven im Spannungsfeld der Migrationspolitik
17. Berliner Rechtspolitische Konferenz
Braucht Bremen einen Neustaat
Abendveranstaltung zum Thema Bürokratie und zu Nadine Schön’s Buch „Neustaat“
Rücksicht und Respekt auf jeder Ebene der Gesellschaft
Eine Veranstaltung im Deutschen Fußballmuseum
Juliane Liebers
Das Karlsruher Gerichtsjahr 2022
Der Berliner Jahresrückblick auf die Rechtsprechung des Bundesverfassungsgerichts 2023
KAS/Christiane Stahr
Zur Rolle des Grundgesetzes in der Geschichtsschreibung über die Bundesrepublik Deutschland
Kommt die Wirkungsgeschichte der deutschen Verfassung und des Bundesverfassungsgerichts zu kurz?
Rücksicht und Respekt - Wie gehen wir in Zukunft miteinander um?
Ein Abend mit Herbert Reul in Köln-Chorweiler
Konrad-Adenauer-Stiftung e.V.
Was Europa im Innersten zusammenhält – Konflikte und Reformansätze in der EU
16. Berliner Rechtspolitische Konferenz
Media library
How should Parliament work?
Please enjoy this superb video by our partner organisation OUTA on a) how SA's government works, b) why parliament is failing, c) what parliament should do and d) how to fix SA.
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