Heck's formula
The Heck formula serves to delimit the examination competence of the Federal Constitutional Court compared to the specialized courts in the context of constitutional complaints . This delimitation is necessary because the Federal Constitutional Court - in contrast to the Supreme Court of the United States - is not a super-revision instance .
Heck's formula states that an examination competence of the Federal Constitutional Court can only be affirmed if errors in the interpretation of simple law by the special court become apparent, which are based on a fundamentally incorrect view of the meaning of a fundamental right , in particular the scope of its scope of protection are also of some weight in their material significance for the specific legal case ( BVerfGE 18, 85 (92) ). The name refers to the fact that the demarcation was formulated by the judge at the Federal Constitutional Court Karl Heck as rapporteur in this case.
See also
- Schumann's formula (on this Johannes Hager, JZ 1994, 373 (377) with further references)
- "New formula" ( BVerfGE 55, 72 )
- Judicial examination law
literature
- Josef Isensee : Federal Constitutional Court - Quo vadis? , in: Negotiations of the sixty-first German Lawyers' Conference. Karlsruhe 1996 , vol. II / 1, Munich 1996, page H 16 ff.
Web links
- Johannes Hager: Basic rights in private law (inaugural lecture on January 13, 1994), PDF
