Sentimental Constitutionalism? Testing András Sajó’s Theory in German Constitutional Law

This paper explores the relationship between law and emotions in German constitutional law through András Sajó’s theory of constitutional sentiments. It examines how emotions shape constitutional design, how German public law regulates public emotions, and what these findings reveal about law’s role in fostering democratic resilience. The paper contributes to Law and Emotion scholarship, tests Sajó’s framework against a concrete legal system, and addresses law’s function in maintaining democratic stability. The analysis demonstrates both the emotional foundations of German constitutional design and the emotional dimensions of militant democracy instruments, such as party bans. I argue that Sajó’s theory provides valuable explanatory insights into the German case. Constitutional law is not emotionally neutral; yet in a liberal democracy its capacity to strengthen democratic life is limited. Its strength lies in preserving the framework for politics without attempting to substitute for it.