Criticism of the value order thinking in Germany

Gerald Böhm


„Criticism of the value order thinking in Germany” deals with the area of tension of the values in a constitution and their mutation and effect on the constitution. As values and virtues rate high in the military, and as they are passed on to some extent, here the opportunity arises to draw knowledge for a future-oriented training in the Austrian Armed Forces. This follows the principle that the rules of law will form the framework for actions of the military in Austria in future as well. For the Austrian Armed Forces as a national and constitutional institution it is important to recognize what kind of competence and power is vested by laws, as they are not only the framework for daily business but also mainly for missions both at home and abroad. As far as missions abroad are concerned, the cooperation, or cooperativeness with other armed forces is of prime importance for the Austrian Armed Forces, and so it is important to understand these partners. For this reason the German constitution was selected as a subject for this essay, in order to increase the understanding of a partner in the sense of intercultural competence. In the end, the acceptance of an objective system of values in the charter, together with the third agency of the fundamental rights and with §31 Abs. 1 BVerfGG made it possible that

-         the fundamental rights have an authoritative effect on all scopes of law, even in a level spanning way,

-         with the constitutional status, the fundamental laws can be “supervised” or “altered”,

-         the jurisdiction of the Federal Constitutional Court has expanded also towards interpretation mistakes within unit law, provided that fundamental laws are concerned, and

-         because of the changes already mentioned, theFederal Constitutional Courthas become a political actor within the control loop law - morale - politics.

In the different criticisms there is the reproach that it is hardly up to not at all rationally comprehensible when values are interpreted individually. This mostly depends on the very personal emotions which are directly connected with the values. More often than not, emotions are stronger than thought. Or, to put it oversubscribed, do emotions slip into law via values - does the State protect or allow our emotions? From the military point of view, precedents or decisions made by the Federal Constitutional Court, which have an effect on the jurisdiction mentioned above, must be considered a limitation of the subordinated scope of action and interpretation.