The Stakes of the Unwritten Constitutional Norms and Principles Debate in Germany

Key Points

• The German legal system permits an expansive interpretation of constitutional norms and principles, indicating flexibility.
• Legal norms without a clear textual basis in the Grundgesetz are increasingly acknowledged by the Federal Constitutional Court.
• Assessment highlights the complex relationship between unwritten norms and constitutional quality, which remains under debate in Germany's legal framework and beyond. This draws parallels to the approaches taken by other jurisdictions in legal interpretation and argumentation styles.