On The Application Of The Principle Of Social State In The Basic Law Of Germany In The Federal Constitutional Court

This thesis focuses on the application of the Sozialstaat principle of Basic Law in the Federal Constitutional Court of Germany. The Sozialstaat principle is so abstract and vague that the Federal Constitutional Court seldom quotes the Sozialstaat principle alone to reach a court decision. Instead, the Federal Constitutional Court combines it with other articles in Basic Law to arrive at a verdict, during which the Sozialstaat principle becomes increasingly specific. In order to discuss the problem in detail, the paper is divided in four parts.As the introduction, the part one mainly talks about the preparation of the thesis, including the questions, the purpose, the literatures from other scholars, the used research methods as well as the structure of the paper.Part two focuses on the history of the Sozialstaat principle in German. The social welfare institution was early established, though it is can not be compared to the the Sozialstaat principle in modern time, it has a great contribution to the development of the Sozialstaat principle in future.Part three focuses on the combination of Sozialstaat principle and Equality before law. Numerous Clausus and Unfallversicherung would be the demonstrations of two principles. It is necessary to research how the Federal Constitutional Court use the two principlesPart four focuses on the mutual influence of Sozialstaat principle and basic rights. From the very beginning, there is an intense between the Sozialstaat principle and basic rights, which will be conflict and cooperation. By researching Lebach and Hartz IV, we will pay attention to both conflict and cooperation of two principles.