Religion, Law, and Democracy: Selected Writings of Ernst-Wolfgang Böckenförde

This is a selection of some of the writings of Ernst-Wolfgang Böckenförde, a German academic lawyer and judicial member of the German Constitutional Court. He was a prominent Roman Catholic layman and his writings cover the relationship between the law and the state. Böckenförde died in 2019. He is relatively unknown in this country. Any discussion of jurisprudence in Germany is overshadowed by the historical events of the last century. The book contains some of his essays and an interview, and discusses the challenges facing the Roman Catholic Church in 1933 and its response to the rise to power of Adolf Hitler and the continuing issues during the Second World War as the reign of Nazism collapsed. His analysis of why the church was at best neutral and at worst collaborated is not that convincing.

His writings review the role of the church in the modern secular state. Naturally this book is written from a continental European perspective which not everyone will be familiar with. In Germany the position of the church has been controversial in ways quite different to this country. There have been allegations of ecclesiastical attempts to meddle in party politics, issues over abortion and right to life. The church has probably held on to popular and political influence in Germany more than the established church in the United Kingdom. All these writings are about the use and possible misuse of power. As society moves to a more secular state the position of the church is controversial. In the United Kingdom we have had statements from politicians such as 'we do not do God' or 'there is no such thing as society'. The church has been relatively successful in keeping out of party politics. However if the church has less influence what replaces it? These are challenging issues for judges or members of the legal profession who have any religious or political affiliation.

This is a somewhat academic book and a challenging read (the interview is probably the most accessible). The subject matter is interesting and provides an insight into middle European and South German politics and the religious influence on legal life.

David Pickup is a partner at Pickup & Scott Solicitors, Aylesbury