The Constitutionalisation of the State of Emergency under the German Basic Law – on the Way to a Total Constitution?

Accusations of a ‘total constitution’ in Germany – Alleged excessive constitutionalisation of political life and the narrowing of political processes – The role of constitutional courts in this process – Constitutionalisation of the state of emergency – German emergency constitution – Effectiveness of a high degree of constitutionalisation – Dependence on a specific set of cultural and historical circumstances – Doubts on any attempt to turn the high level of constitutionalisation into an universalisable ‘role model’.

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Publication Details

Journal
European Constitutional Law Review
Published
2026-09-25
DOI
https://doi.org/10.1017/s157401962610114x
Primary Topic
Law and Political Science
Type
article
Field-Weighted Citation Impact
0.00
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article

The Constitutionalisation of the State of Emergency under the German Basic Law – on the Way to a Total Constitution?

Anna-Bettina Kaiser
European Constitutional Law Review
Law and Political Science
article

The Constitutionalisation of the State of Emergency under the German Basic Law – on the Way to a Total Constitution?

Anna-Bettina Kaiser
article en

Abstract

Accusations of a ‘total constitution’ in Germany – Alleged excessive constitutionalisation of political life and the narrowing of political processes – The role of constitutional courts in this process – Constitutionalisation of the state of emergency – German emergency constitution – Effectiveness of a high degree of constitutionalisation – Dependence on a specific set of cultural and historical circumstances – Doubts on any attempt to turn the high level of constitutionalisation into an universalisable ‘role model’.

European Constitutional Law Review
Humboldt-Universität zu Berlin (DE)
Peace, Justice and strong institutions
Openalex Percentile: Top 2%
Law and Political Science
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