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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 | Sep 25, 2026

Abstract

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’.

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Anna-Bettina Kaiser

first | Humboldt-Universität zu Berlin | ORCID 0000-0003-0211-029X

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@article{Kaiser2026Constitutionalisation,
  title = {The Constitutionalisation of the State of Emergency under the German Basic Law – on the Way to a Total Constitution?},
  author = {Anna-Bettina Kaiser},
  journal = {European Constitutional Law Review},
  year = {2026},
  doi = {10.1017/s157401962610114x},
  url = {https://doi.org/10.1017/s157401962610114x}
}

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