Manent – OJLR Dr Aline-Florence Manent Lecturer in the History of Political Thought Queen Mary University of London
[email protected] Aline-Florence Manent, “Democracy and Religion in the Political and Legal Thought of Ernst- Wolfgang Böckenförde,” Oxford Journal of Law and Religion Special Issue on Ernst-Wolfgang Böckenförde edited by Tine Stein and Mirjam Künkler (forthcoming). Page 1 of 26 Manent – OJLR Democracy and Religion in the Political and Legal Thought of Ernst-Wolfgang Böckenförde1 by Aline-Florence Manent (Queen Mary University of London) “The liberal secularised state is nourished by presuppositions that it cannot itself guarantee.” 2 This statement articulated by German constitutional theorist and judge Ernst- Wolfgang Böckenförde is illustrative of a fundamental concern of postwar European and especially German political thought: the anxiety that the liberal democratic order suffers from a deficit of substance that might threaten its sustainability. 3 This concern remains central to contemporary democratic theory and to many reflections on the place of religion in the modern world. Böckenförde’s statement, however, has acquired a life of its own since its coinage in 1964.4 It is often wielded in support of positions that are at odds with its author’s original intentions and has led to a misunderstanding of Böckenförde’s thought.5 The dictum has been taken to imply that religion is the only source of normative substance and that we always require religion to sustain the democratic state. Although Böckenförde is hardly a household name for Anglo-American political theorists and intellectual historians, in Germany, the famous legal scholar, public intellectual and judge on the Federal Constitutional Court has been referred to as “the Einstein of public law” whose famous dictum represents the E=mc2 of German public law.