Unity in diversity of German federal structure: some theoretical aspects

Abstract

The paper analyzes constitutional and theoretical aspects needed to save and increase diversity and establish unity of a federal state. It examines the constitutional status of the federal states (Bundeslander), their competence and how their powers shall be compared with the ones of the Federation. It is demonstrated how a federal state can exist when, on the one hand, it takes into account regional peculiarities of each “component” of the federation and, on the other hand, forms a rather homogeneous matter which reflects equivalent (or at least comparable) living conditions. The article also shows possible consequences that constitutional entrenchment of the principle of federal structure could have for the regional development practices and how the unity (uniformity) guaranteed by the Constitution can and should be implemented in the framework of a federal state