Origin and Evolution of the Theory on"Institutional Guarantee"and Its Modern Constitutional Value
The institutional guarantee theory in the period of Weimar Constitution was mainly"status quo guarantee".Schmidt separated the system and the right in the Weimar Constitution and guaranteed the basic rights of citizens by guaranteeing that the core of the system was not infringed."Township autonomy","civil servant system"and"property rights system"are all examples of institutional guarantee.The institutional protection during the period of German Basic Law has become a function of the objective orientation of basic rights,which mainly protects basic rights from infringement by constructing the system and maintaining the core of the system.For our constitutional law,the theory of institutional guarantee should be a new method of constitutional interpreta-tion.By interpreting specific constitutional provisions as system,it can effectively exert the effectiveness of some programme-based provisions,so as to restrain legislation,judiciary and administration,and also provide basis for constitutionality review.
institutional guaranteeInstitutsgarantieobjective value order of fundamental rightsconstitutional interpretation
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