مجلة القانون، المجتمع والسلطة
Volume 13, Numéro 2, Pages 1-12
2024-09-24
Social Rights, Fundamental To A Democracy – Systemic Differences Between France And Germany
Authors : Schmid Bernard .
Abstract
This article examines the systemic differences between France and Germany regarding social rights and their impact on democratic structures. The study highlights the historical and ideological foundations that shape each country's approach to equality and social policy. In France, the principle of equality, deeply rooted in the revolutionary heritage, emphasizes a direct relationship between the individual and the nation, often leading to a preference for universalism over the recognition of specific social groups or territorial entities. This historical context is illustrated by the revolutionary rejection of intermediate bodies and the resistance to incorporating territorial or professional groups with normative powers into the national framework. In contrast, Germany’s historical evolution, marked by a gradual development rather than a revolutionary break, has led to a different integration of intermediate bodies within the social system. German federalism allows for significant legislative powers at the state level (Länder), leading to regional variations in educational and social policies that are generally accepted as a norm rather than a disruption. Additionally, Germany recognizes the normative power of social actors, such as trade unions and employer organizations, which negotiate working conditions and wages, a practice that contrasts with the more centralized regulatory approach in France. The German model, characterized by a balance between federal and regional powers and a strong role for social partners, provides a framework where legislative intervention is possible but not always necessary. Overall, the article underscores how historical legacies and structural differences shape the practice and perception of social rights in each country, influencing their respective approaches to democracy and social justice. The analysis reveals how France’s commitment to universalism and Germany’s acceptance of regional and sectoral variations reflect broader ideological and practical divergences in their democratic frameworks.
Keywords
Social rights ; Democracy ; France ; Germany ; Federalism
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