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The article illustrates the constitutional basis of the pacifist principle in the legal system of the Federal Republic of Germany. After a specific examination of the individual articles of the Basic Law in which the pacifist principle is set out, the judgments of the Federal Constitutional Court in which the interpretative basis of this principle was defined are examined. Finally, the unprecedented increase in military spending decided by the Bundestag in March 2025 is discussed—a measure that could have an impact on the constitutional conception of the pacifist principle in the German legal system and on which future interventions by the Constitutional Court are therefore likely.

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The Pacifist Principle in Germany: Between Established Constitutional Constants and Unprecedented Military Expansionism

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  • 发表日期：

    2026年

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  • Andrea De Petris

摘要

The article illustrates the constitutional basis of the pacifist principle in the legal system of the Federal Republic of Germany. After a specific examination of the individual articles of the Basic Law in which the pacifist principle is set out, the judgments of the Federal Constitutional Court in which the interpretative basis of this principle was defined are examined. Finally, the unprecedented increase in military spending decided by the Bundestag in March 2025 is discussed—a measure that could have an impact on the constitutional conception of the pacifist principle in the German legal system and on which future interventions by the Constitutional Court are therefore likely.