A. Introduction

I don’t usually open my commentary by citing great words spoken by old men. But in this case I will make an exception. Ferdinand Lassalle is not only the grandfather of German social democracy; he is also the author of these words: “Constitutional issues are power issues.” 

On the occasion of our Constitution’s 60th birthday a wise journalist recently came to the reverse conclusion: In Germany, all power issues have become constitutional issues.  No matter what the country was fighting about, it has done so with the Constitution in hand.  And this is true: whether the issue was rearmament or banning the Communist Party; Eastern Bloc policy or abortion rights; Maastricht or Lisbon; or combating terrorism.  All the fighting on these issues has always and still does take place as a matter of constitutional law before the Federal Constitutional Court.