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International Journal of
Law, Policy and Social Review
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VOL. 7, ISSUE 4 (2025)
Comparative Constitutionalism in Germany and France: A Study of Democratic Governance, Fundamental Rights, and Constitutional Design
Authors
Ganesh Shrirang Nale, Dr. Priyanka Sambhaji Jadhavar
Abstract

Comparative constitutionalism has emerged as a crucial field of inquiry in contemporary legal and political scholarship, particularly in an era marked by democratic backsliding, constitutional populism, and the growing influence of supranational governance structures. This research article undertakes a comprehensive comparative analysis of two influential constitutional texts in Europe: The Basic Law for the Federal Republic of Germany (1949) and the Constitution of the French Fifth Republic (1958). Although both constitutions were framed in the aftermath of political instability and constitutional crises, they represent contrasting constitutional philosophies, institutional designs, and models of democratic governance.

The German Basic Law is widely regarded as a paradigmatic example of normative constitutionalism, emphasizing the inviolability of human dignity, entrenched fundamental rights, federalism, and strong constitutional adjudication through the Federal Constitutional Court. In contrast, the French Constitution of 1958 reflects a model of rationalized parliamentarianism combined with a powerful executive presidency, shaped by concerns of governmental instability under the Fourth Republic. This paper analyzes how these divergent constitutional frameworks address core issues such as sovereignty, separation of powers, protection of fundamental rights, judicial review, and democratic accountability.

Using doctrinal analysis, historical contextualization, and comparative methodology, the study explores how both constitutions have adapted to contemporary challenges including European Union integration, emergency powers, human rights protection, and constitutional amendments. The article argues that while Germany prioritizes constitutional supremacy and rights-based governance, France emphasizes executive efficiency and political stability. The comparative insights generated by this study contribute to broader debates in constitutional law, political science, and comparative public law, offering valuable lessons for constitution-making, democratic resilience, and constitutional reform in both established and emerging democracies.
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Pages:167-169
How to cite this article:
Ganesh Shrirang Nale, Dr. Priyanka Sambhaji Jadhavar "Comparative Constitutionalism in Germany and France: A Study of Democratic Governance, Fundamental Rights, and Constitutional Design". International Journal of Law, Policy and Social Review, Vol 7, Issue 4, 2025, Pages 167-169
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