Statism, Secularism, Liberalism - Böckenförde's Contributions to German Staatsrechtslehre in the Light of Contemporary Challenges within and beyond the State

Abstract

This introduction lays out the rationale behind the special issue examining Böckenförde's concepts and arguments in light of contemporary crises of democracy. Considering the enormous challenges facing democracies today, how should one judge Böckenförde's optimistic view of the regulatory capabilities of the state? Is it irrelevant, given the de facto power of both supra- and non-state actors? Or does Böckenförde's view still possess explanatory value, as the state remains the most important political unit? The article consists of two parts. First, Böckenförde will be introduced as a thinker whose work centred on questions of statism, liberalism and secularism. He paid special attention to the relation between politics and religion in contexts of democratic statehood. In addition to his interest in these themes, his understanding of the constitution and constitutional interpretation will be sketched. Second, we will introduce the three topoi on which the articles of this special issue focus: Böckenförde's insistence that the state of exception ought to be constitutionalised by exploring the relevance of this proposition in four different jurisdictions; whether his model of democratic secularism as open encompassing neutrality can serve as a useful starting point to manage religious and social diversity; the future of Europe. Against this backdrop, the conclusion then aims to connect Böckenförde's ideas on relative homogeneity with the contemporary crises of democracy.

Regulating Pluralism: Laws on Religious Harmony and Possibilities for Robust Pluralism in Singapore

“…While it may be most desirable to obtain this civic virtue by social consensus, this may not be realistic, especially in societies divided by ethnicity/race, religion, language, culture, etc. One is drawn to Böckenförde's insight that the liberal state, committed to religious and ideological neutrality, cannot guarantee its own prerequisites and ensure social solidarity (Böckenförde, Künkler, and Stein 2020;Künkler and Stein 2018). The question is how to establish and maintain these civic virtues.…”