Comparative Constitutionalism in Germany and France: A Study of Democratic Governance, Fundamental Rights, and Constitutional Design Authors and Affiliations Ganesh Shrirang Nale Department of Sociology, Central University of Haryana, Mahendragarh, Haryana, India Dr. Priyanka Sambhaji Jadhavar Assistant Professor, Department of Law, Shivaji University, Kolhapur, Maharashtra, India
Year: 2025
Type: article
Abstract: Title of the Article Comparative Constitutionalism in Germany and France: A Study of Democratic Governance, Fundamental Rights, and Constitutional Design Authors and Affiliations Ganesh Shrirang NaleDepartment of Sociology,Central University of Haryana,Mahendragarh, Haryana, India Dr. Priyanka Sambhaji JadhavarAssistant Professor, Department of Law,Shivaji University, Kolhapur, Maharashtra, India Description (Title, Authors, Affiliations with Abstract Overview) Comparative Constitutionalism in Germany and France: A Study of Democratic Governance, Fundamental Rights, and Constitutional Design is a scholarly work authored by Ganesh Shrirang Nale of the Central University of Haryana and Dr. Priyanka Sambhaji Jadhavar of Shivaji University, Kolhapur. The article undertakes an in-depth comparative constitutional analysis of two foundational European constitutional texts: the German Basic Law (1949) and the French Constitution of the Fifth Republic (1958). The study situates comparative constitutionalism within contemporary challenges such as democratic backsliding, constitutional populism, emergency governance, and European Union integration. Using doctrinal analysis, historical contextualization, and comparative methodology, the authors examine divergent constitutional philosophies—Germany’s rights-centered, court-enforced constitutionalism grounded in human dignity and federalism, and France’s executive-centered constitutional model emphasizing political stability and rationalized parliamentarianism. The article critically analyses constitutional structure, separation of powers, protection of fundamental rights, judicial review mechanisms, emergency powers, and constitutional identity within the EU framework. It argues that while Germany prioritizes constitutional supremacy and robust judicial oversight, France favors executive efficiency and centralized authority. The study contributes meaningfully to debates in constitutional law, comparative public law, and democratic governance, offering valuable lessons for constitution-making and constitutional reform in both established and emerging democracies. Keywords (Paragraph Form) Comparative constitutionalism, German Basic Law, French Constitution, democratic governance, fundamental rights, separation of powers, federalism, unitary state, judicial review, constitutional courts, rule of law, human dignity, executive power, parliament, European Union, constitutional amendment, emergency powers, popular sovereignty, public law, and political institutions collectively frame the analytical scope of this study and reflect its interdisciplinary engagement with law, politics, and constitutional theory.
Institutions: Central University of Haryana, Shivaji University
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7117370534
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