THE FUTURE ORIENTED DIMENSION OF THE CONSTITUTION – SOME REFLECTIONS Cover Image

THE FUTURE ORIENTED DIMENSION OF THE CONSTITUTION – SOME REFLECTIONS
THE FUTURE ORIENTED DIMENSION OF THE CONSTITUTION – SOME REFLECTIONS

Author(s): Rainer Arnold
Subject(s): Constitutional Law, Human Rights and Humanitarian Law
Published by: C.H. Beck Publishing House - Romania
Keywords: constitution; protection; guarantee; freedom;

Summary/Abstract: The Constitution is a document that comes into being at a particular historical moment. It is the basic order of a State or - in a broader sense - of an extra-state coherent system that exercises public power over individuals, such as the supranational European Union. A Constitution is a normative entity that is intended to define the fundamental organizational structure of the State or the supranational community. It is intended to enable the fulfillment of its tasks organizationally, by creating an institutional system, and to determine its objectives. The latter is done through the recognition of the fundamental values of this order, which - in a true constitutional order - is anthropocentric, i.e. based on the three values of human dignity, freedom and equality. The question arises: is the function of the Constitution to be considered only from the present or is the future also to be included? Are the normative definitions of the Constitution only related to the time of today or do they also apply to the time in the future?

  • Issue Year: 27/2022
  • Issue No: 2
  • Page Range: 9-24
  • Page Count: 16
  • Language: English