The rule of law is the basis and essential element of a constitutional order. Law is not only the formal instrument of order, but also conveys the fundamental values of the state community. This is not only important for the vertical relationship between the state and the individual, but also has a manifold effect on the horizontal relationship between private individuals, i.e. in the area of civil law. An independent, functioning judiciary is essential for the rule of law. This is also linked to the specific question of the extent to which a judge may express his opinion and the extent to which he must exercise restraint.