Pub Date : 2019-02-28DOI: 10.1093/law/9780198808091.003.0002
Bumke Christian, Voßkuhle Andreas
This chapter discusses the duty of all state power to respect and protect human dignity as set out in Art. 1 para. 1 of the Grundgesetz (GG). It first explains the scope of state protection against violations of human dignity by citing the decisions of the Federal Constitutional Court in two cases, one concerning the Aviation Security Law and another concerning the constitutionality of life imprisonment. It then considers the benefits dimension of the guarantee of human dignity, in particular the individual's claim to the level of social support necessary to live in dignity (the so-called existence minimum). It also addresses the question of whether an interference with human dignity can ever be justified, and especially whether human dignity can be limited.
{"title":"2 Art. 1 para. 1 GG: Human Dignity","authors":"Bumke Christian, Voßkuhle Andreas","doi":"10.1093/law/9780198808091.003.0002","DOIUrl":"https://doi.org/10.1093/law/9780198808091.003.0002","url":null,"abstract":"This chapter discusses the duty of all state power to respect and protect human dignity as set out in Art. 1 para. 1 of the Grundgesetz (GG). It first explains the scope of state protection against violations of human dignity by citing the decisions of the Federal Constitutional Court in two cases, one concerning the Aviation Security Law and another concerning the constitutionality of life imprisonment. It then considers the benefits dimension of the guarantee of human dignity, in particular the individual's claim to the level of social support necessary to live in dignity (the so-called existence minimum). It also addresses the question of whether an interference with human dignity can ever be justified, and especially whether human dignity can be limited.","PeriodicalId":335867,"journal":{"name":"German Constitutional Law","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131376766","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-02-28DOI: 10.1093/LAW/9780198808091.003.0005
Bumke Christian, Voßkuhle Andreas
This chapter discusses Art. 4 of the Grundgesetz (GG), which guarantees freedom of faith and conscience. Art. 4 para. 1 GG encompasses freedom to profess a religious faith, whereas Art. 4 para. 2 GG deals with freedom to practice a religion without interference. These fundamental rights are available to all persons. GG provides special protection for religious societies (Art. 140 GG in combination with Art. 136 et seq. of the Weimar Constitution). The chapter first considers the jurisprudence of the Federal Constitutional Court concerning the scope of protection for freedom of religion, taking into account the principle of state neutrality, and the constitutional justification for interference with religious freedom. It then explains the scope of protection for freedom of conscience, focussing on the conflict of norms between the state legal order and the freedom to act according to one's conscience.
{"title":"5 Art. 4 GG: Freedom of Faith and Conscience","authors":"Bumke Christian, Voßkuhle Andreas","doi":"10.1093/LAW/9780198808091.003.0005","DOIUrl":"https://doi.org/10.1093/LAW/9780198808091.003.0005","url":null,"abstract":"This chapter discusses Art. 4 of the Grundgesetz (GG), which guarantees freedom of faith and conscience. Art. 4 para. 1 GG encompasses freedom to profess a religious faith, whereas Art. 4 para. 2 GG deals with freedom to practice a religion without interference. These fundamental rights are available to all persons. GG provides special protection for religious societies (Art. 140 GG in combination with Art. 136 et seq. of the Weimar Constitution). The chapter first considers the jurisprudence of the Federal Constitutional Court concerning the scope of protection for freedom of religion, taking into account the principle of state neutrality, and the constitutional justification for interference with religious freedom. It then explains the scope of protection for freedom of conscience, focussing on the conflict of norms between the state legal order and the freedom to act according to one's conscience.","PeriodicalId":335867,"journal":{"name":"German Constitutional Law","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114721611","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-02-28DOI: 10.1093/LAW/9780198808091.003.0022
Bumke Christian, Voßkuhle Andreas
This chapter discusses the rule of law principle as articulated in Art. 20 of the Grundgesetz (GG). The rule of law may be formal or substantive. The formal conception of the rule of law applies primarily to technical and organisational safeguards which discipline state authority, such as separation of powers and the independence of courts. In contrast to the formal perspective, the idea of the ‘substantive’ rule of law principle also takes into account the substance and overall direction of state activity. The chapter first examines the Federal Constitutional Court's jurisprudence concerning the principle of separation of powers and the requirement of the rule of law principle that administrative agencies act according to statutory laws. It then considers the principle of proportionality (the prohibition of excessiveness) and the binding force of law and justice on the courts before concluding with an analysis of the principle of legal certainty.
{"title":"22 Art. 20 GG: The Rule of Law","authors":"Bumke Christian, Voßkuhle Andreas","doi":"10.1093/LAW/9780198808091.003.0022","DOIUrl":"https://doi.org/10.1093/LAW/9780198808091.003.0022","url":null,"abstract":"This chapter discusses the rule of law principle as articulated in Art. 20 of the Grundgesetz (GG). The rule of law may be formal or substantive. The formal conception of the rule of law applies primarily to technical and organisational safeguards which discipline state authority, such as separation of powers and the independence of courts. In contrast to the formal perspective, the idea of the ‘substantive’ rule of law principle also takes into account the substance and overall direction of state activity. The chapter first examines the Federal Constitutional Court's jurisprudence concerning the principle of separation of powers and the requirement of the rule of law principle that administrative agencies act according to statutory laws. It then considers the principle of proportionality (the prohibition of excessiveness) and the binding force of law and justice on the courts before concluding with an analysis of the principle of legal certainty.","PeriodicalId":335867,"journal":{"name":"German Constitutional Law","volume":"97 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124721523","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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