Rechtsstaat and Recht in West Germany's Nuclear Power Debate, 1975–1983

• Published in: Law and history review Vol. 33; no. 2; pp. 411 - 434
• Main Author: Hughes, Michael L.
• Format: Journal Article
• Language: English
• Published: New York, USA Cambridge University Press 01-05-2015
• Subjects: Democracy; Justice; Law; Law and legislation; Nuclear energy; Nuclear power plants; Rule of law; GERMANY; West Germany
• ISSN: 0738-2480; 1939-9022
• DOI: 10.1017/S0738248015000036

Germans have long prided themselves on their commitment to the Rechtsstaat, the state based on the rule of law. However, they have not agreed on what would constitute a Rechtsstaat. Recht can mean “law,” or “right,” or “justice,” leaving open what a Rechtsstaat ought to establish. Moreover, a Rechtsstaat could be merely formal, an independently adjudicated process of applying statutes equally binding for all, or substantive, a process providing “justice.” Formal processes should minimize capricious decisions but could, in particular cases, produce outcomes that citizens perceived as unjust, and people are generally most committed to outcomes they believe to be just or appropriate. Not surprisingly, a complex debate developed among jurists, across a century and multiple regimes, over what the Rechtsstaat and Recht might mean.