Does the concept of good faith exist in German constitutional law? The following essay aims to clarify this. It is therefore dedicated to the origin of the concept in public law and attempts to discuss connecting factors for the legal principle of good faith (Treu und Glauben) on both a horizontal and vertical level. Using the examples of loyalty to the federal government (Bundestreue) and loyalty to the Constitution (Verfassungsorgantreue), it is shown why the use of a general legal principle, especially in constitutional law, carries more dangers than benefits, and why recourse to constitutional standards may be the only sensible way forward.

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Good Faith in German Constitutional Law

  • Ann Kathrin Schnieders,
  • Simon Strickrodt

摘要

Does the concept of good faith exist in German constitutional law? The following essay aims to clarify this. It is therefore dedicated to the origin of the concept in public law and attempts to discuss connecting factors for the legal principle of good faith (Treu und Glauben) on both a horizontal and vertical level. Using the examples of loyalty to the federal government (Bundestreue) and loyalty to the Constitution (Verfassungsorgantreue), it is shown why the use of a general legal principle, especially in constitutional law, carries more dangers than benefits, and why recourse to constitutional standards may be the only sensible way forward.