Freiheitliche demokratische Großraumordnung - Der Wandel des Begriffes "freiheitliche demokratische Grundordnung" in der Rechtsprechung des Bundesverfassungsgerichtes

The Federal Constitutional Court altered the substantive content of the concept of the free democratic basic order in its 2017 NPD (National Democratic Party of Germany judgment by clearly reorienting it toward the individual on the one hand and by noticeably internationalizing it on the other. Vladyslav Rak illustrates this shift by reference to the party ban judgments and relates it to an underlying transformation in the understanding of fundamental concepts of state theory, above all those of the state and the constitution. He concludes that the point of reference for the concept of the political is no longer the state, but rather an overarching structure of order. This structure is the large-space order in the form of the Western community of states and its political idea embodied in "Western values." For the reception of the concept, these factors are now decisive, since the monopoly over determining friend and enemy is said to lie with the large space order.