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"It is characteristic of the structure of a liberal constitutional state that the basis of the state's existence is made up of assumptions that the state itself cannot guarantee without calling into question its libertarian nature." - stated Ernst-Wolfgang Böckenförde (1930-2019), the author of the studies included in this volume. However, the sentence that became famous as the so-called Böckenförde paradox is not the only timeless thesis of the recently deceased German jurist. As a student of renowned professors, Böckenförde began to deal with issues of religious theory, religion and legal philosophy at an early age, and already in the 1950s his talent stood out. He later made his mark as a constitutional lawyer and legal philosopher, and between 1983 and 1996 as a judge of the German Federal Constitutional Court. His name is associated with numerous studies, jurisprudential works and theories of state law, and as a constitutional judge he participated in the decision of the Solange II case, which is a landmark in the relationship between the European Union and the constitutions of the member states.
This volume examines Ernst-Wolfgang Böckenförde's legal and religious philosophy and state theory work, focusing mainly on studies that scrutinize the complex relationship between law and morality, religion and law, and provide lessons that are still effective today.