Constitutional Rights as Values-A Clarification and Defense of the Doctrine of an Objective Order of Values
The core of the doctrine of constitutional rights as values is not the constitutional dogmatic question of how to construct an extended dimension of constitutional rights that is different from a defensive dimension,but lies in constitutional theoretical questions.These questions constitute the basis of the dogmatics,and in-volve three dimensions:the methodology of constitutional interpretation,a basic understanding of rights,and of the constitution.The doctrine advocates a non-positivist methodology of interpretation.It forms the common root of both the defensive and the extended dimensions of constitutional rights.It rejects the classical liberal view of rights and upholds a comprehensive,middle way view of rights.What it considers as the value content of constitutional rights is the comprehensive and real freedom,which balances also between the individual and the collective.It regards the constitution as the fundamental law of the community with the dimensions of the state constitution and the social constitution in order to respond to the complexity of modern society and diverse needs for guaranteeing freedom and equality.It regards constitutional norms as the supreme principles of the entire legal order,and also of the interpretation and application of ordinary law.The comprehensive-ness of the radiation of values must not be misunderstood as omnipotence A constitution with an order of val-ues can still be a framework that leaves ample room for the legislature the executive,and the judiciary.
Constitutional RightsObjective ValuesMethodology of Constitutional InterpretationConstitutional SpiritFundamental Law
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