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The International Journal of the Royal Society of Thailand
Volume XII, 2020

One of the most problematic fields seems to be the relationship
with European law. The transfer of sovereign powers from Germany to European
institutions is provided for in the constitution. But it raises potential for friction.

It is being criticized for a lack of democratic legitimacy. What would happen
if European laws would contravene German laws? Who is the final arbiter
of the German constitution? The constitutional courts of Germany and the
European Courts continue to eye each other very carefully. This tension will
remain.

How to “live” the constitution

No matter how good a text of a constitution is, its success depends
on the trust and support of the people. Fine words mean nothing if people have
the feeling that different standards apply or justice is only for the rich and
powerful. Therefore, every constitution needs to prove its worth in normal life.
A constitutional order needs the confidence and trust but also the will to support
and abide by it from all walks of life, from all citizens. This is a never-ending task.
But a task worth every effort. I personally think this Grundgesetz is the best
constitution Germany has ever had.

7
H.E. Georg Schmidt

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