20 Art. 20 GG: The Social State

Abstract

This chapter discusses the principle of social state as articulated in Art. 20 of the Grundgesetz (GG). In contrast to the democracy principle, GG contains only a few provisions which can be assumed to be specific manifestations of the social-state principle. As a result, interpretation and application of the principle become problematic. As an objective right, the social-state principle requires the state to provide actual benefits. Art. 1 para. 1 GG, in combination with the social-state principle, justifies a claim ‘to the guarantee of a minimum livelihood in accordance with human dignity’. The chapter examines the Federal Constitutional Court's jurisprudence concerning individual social benefits that may be provided by the legislature to fulfill its obligations under the social-state clause, with particular emphasis on long-term care insurance, and the state's obligations under the social-state principle to create and maintain public social-welfare facilities.