Fundamental rights in the Law of the Federal Republic of Germany

Abstract

Fundamental rights, which possess a dual legal nature – as rights of individuals against the State and as fundamental principles of the legal order  – occupy a central position in the hierarchy of norms, providing unity and coherence to the legal system. The Federal Constitutional Court, as the supreme interpreter of these rights, has become the key to the constitutional structure, transforming the rule of law into a “state of judges” (Richterstaat). This study aims to analyze the subordination of the three branches of government to fundamental rights and, subsequently, the influence of these rights on the entirety of German law.