General law
The legal concept of general laws is used in particular in Article 5 (2) of the Basic Law (GG). According to this, the rights of Article 5, Paragraph 1 of the Basic Law ( freedom of expression , freedom of the press ) find their limits in the provisions of general laws, the legal provisions for the protection of young people and in the right to personal honor.
The general laws within the meaning of Article 5, Paragraph 2 of the Basic Law are not identical to those in accordance with Article 19, Paragraph 1, Sentence 1 of the Basic Law for the restriction of all fundamental rights required general regulations ( prohibition of the individual law ). According to the jurisprudence of the Federal Constitutional Court in the Lüth judgment , only those laws are “general” that “do not prohibit an opinion as such, which are not directed against the expression of the opinion as such, but rather the protection of one thing as such, without regard to one certain opinion, serve to be protected legal interest ”(relativized special legal doctrine ).
The “general laws” must also not misunderstand the importance of fundamental rights, their essential content and not be disproportionate .
literature
- Karl August Bettermann : The general laws as barriers to freedom of the press . JZ 1964, pp. 601-611
Individual evidence
- ↑ Alexander Proelß : The fundamental right of freedom of expression (Art. 5 I 1, II GG) University of Trier, 2010, p. 8 ff.
- ↑ BVerfGE 7, 198, 209
