Arbeitspapier
The Constitutional Court - applying the proportionality principle - as a subsidiary authority for the assessment of political outcomes
The Constitutional Court is one of the most characteristic features of the German constitution. The most important power of the Court rests in litigable fundamental rights. According to established jurisprudence, any governmental interference with freedom or property needs justification. It must pursue a legitimate aim, and the interference must be conducive to this end, it must be the least intrusive measure, and it may not be out of proportion. Conceptually, this dogmatic tool could become the vessel for a long-standing dream of (some) political scientists. It could turn the Constitutional Court into an authority for assessing political outcomes. The paper demonstrates the many obstacles, originating both from political sciences and from law. They call for high modesty and prudence. But they do not turn the dream into outright utopia. Systems theory, very liberally employed, allows us to define a subsidiary role for the Constitutional Court in assessing political outcomes. The paper concludes by analysing the dogmatic consequences for the interpretation of fundamental rights.
- Language
-
Englisch
- Bibliographic citation
-
Series: Preprints aus der Max-Planck-Projektgruppe Recht der Gemeinschaftsgüter ; No. 2001/10
- Classification
-
Wirtschaft
- Event
-
Geistige Schöpfung
- (who)
-
Engel, Christoph
- Event
-
Veröffentlichung
- (who)
-
Max-Planck-Projektgruppe Recht der Gemeinschaftsgüter
- (where)
-
Bonn
- (when)
-
2001
- Handle
- Last update
-
10.03.2025, 11:41 AM CET
Data provider
ZBW - Deutsche Zentralbibliothek für Wirtschaftswissenschaften - Leibniz-Informationszentrum Wirtschaft. If you have any questions about the object, please contact the data provider.
Object type
- Arbeitspapier
Associated
- Engel, Christoph
- Max-Planck-Projektgruppe Recht der Gemeinschaftsgüter
Time of origin
- 2001
Other Objects (12)
The role of law in the governance of the internet
Governing the egalitarians from without: The case of the internet
The Internet and the Nation State
Neglect the base rate: It's the law!
Learning the Law
The solidarity motive
Does efficiency Trump legality? The case of the German Constitutional Court
The behaviour of corporate actors: a survey of the empirical literature
The difficult reception of rigorous descriptive social science in the law
The Impact of Representation Norms on the Quality of Judicial Decisions
Empirical methods for the law
An experimental contribution to the revision of the guidelines on research and development agreements
The role of law in the governance of the internet
Governing the egalitarians from without: The case of the internet
The Internet and the Nation State
Neglect the base rate: It's the law!
Learning the Law
The solidarity motive
Does efficiency Trump legality? The case of the German Constitutional Court
The behaviour of corporate actors: a survey of the empirical literature
The difficult reception of rigorous descriptive social science in the law
The Impact of Representation Norms on the Quality of Judicial Decisions
Empirical methods for the law
An experimental contribution to the revision of the guidelines on research and development agreements
The role of law in the governance of the internet
Governing the egalitarians from without: The case of the internet
The Internet and the Nation State
Neglect the base rate: It's the law!
Learning the Law
The solidarity motive
Does efficiency Trump legality? The case of the German Constitutional Court
The behaviour of corporate actors: a survey of the empirical literature
The difficult reception of rigorous descriptive social science in the law
The Impact of Representation Norms on the Quality of Judicial Decisions
Empirical methods for the law