Erhard Denninger

The essay analyzes the concept of constitutional patriotism and its relevance to legal policies, particularly concerning integration and immigration. The discussion contrasts Habermas’ perspective, which sees constitutional patriotism as based on universal principles and fundamental rights, with more conservative theories that consider cultural identity and legal preconceptions as the foundation of social cohesion. While Denninger leans toward Habermas’ approach, he also highlights its practical and theoretical limitations, advocating for a greater role of the Federal Constitutional Court in managing tensions between inclusion and collective identity. The contribution is particularly relevant for the European Union, given the increasing cultural pluralism and debates on political sovereignty.