Ideological and theoretical foundations of the constitutional characteristics of the German state in the XX century | Tomsk State University Journal of Law. 2023. № 48. DOI: 10.17223/22253513/48/1

Ideological and theoretical foundations of the constitutional characteristics of the German state in the XX century

The period after the Second World War did not become a time of lasting peace: humanity found itself in a state of "cold war". There are different points of view on the problem of the relationship between this phenomenon and the abnormal dead-end state of the German question. One of them is that the confrontation, which did not arise at all because of the German question, then had a powerful influence on his condition and, finally, blocked his decision, in principle quite possible and real. At this time, Western German jurists and political scientists are developing the philosophy of the unity of the nation in the direction of the unification of Germany. The problem of the reunification of the divided German nation transformed into the "German question", which was connected with the problem of the unification of Germany. Political figures and representatives of the science of constitutional (state) law of the FRG in the conditions of the division of the German state dealt with the problem of the unity of the German nation and the unification of Germany. The acquisition of state unity by Germany was considered throughout the existence of the Federal Republic of Germany to be the main goal of its policy, which was called "eastern". East Germans during the existence of the GDR were alien to the search for a "panGerman" national identity. The national question was replaced by a social one, and the very meaning of the GDR's existence was represented in the class, and not in the national alternative of the FRG. The concept of nation was connected with the concept of classes, class struggle and socialism, and on this basis a new German socialist nation was to be formed. Despite the powerful efforts of the Socialist United Party of Germany (SED), it failed to form a socialist national consciousness among the population of East Germany. Thus, in the post-war period, the idea of German unity acquired pan-European significance. European integration was seen as a means of uniting Germany. It no longer seemed to be a means of leveling the political power of an economically strong Germany, becoming an end in itself and a guarantee that there would never be a revival of German nationalism. In turn, the idea of the unity of the German nation was seen as an effective means of achieving a free Europe. Germany linked the prospects of unification with the integration processes taking place in Europe, then becoming their main engine. The fundamental principle of the original socio-liberal concept of the "European peaceful order", formulated at the time by V. Brandt, E. Bar and V. Scheel, was as follows: "First, the split of Europe must be overcome and a Europe of peace and cooperation created. And only within the framework of such a "European peace order" was it possible to realize the right of Germans to self-determination."

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Keywords

federal state, German question, state structure, German federation

Authors

NameOrganizationE-mail
Geymbukh Nadezhda G.National Research Tomsk State Universitynadgeym@mail.ru
Всего: 1

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 Ideological and theoretical foundations of the constitutional characteristics of the German state in the XX century | Tomsk State University Journal of Law. 2023. № 48. DOI: 10.17223/22253513/48/1

Ideological and theoretical foundations of the constitutional characteristics of the German state in the XX century | Tomsk State University Journal of Law. 2023. № 48. DOI: 10.17223/22253513/48/1

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