Bodo Pieroth

Bodo Pieroth (born June 13, 1945 in Chemnitz ) is a German teacher of constitutional law and administrative lawyer .

Life

After graduating from the Eberhard-Ludwigs-Gymnasium in Stuttgart , Pieroth studied law at the universities of Munich , Bonn and Freiburg from 1965 to 1969 and finished his studies with the first state examination in law. 1970/71 followed a diploma study at the Institut Européen des Hautes Études Internationales in Nice . In 1973 he passed the 2nd state examination in law. This was followed by a doctorate on disruption, strike and lockout at the university in 1975 and his habilitation on the subject in 1979Retroactive effect and transitional right , each with Friedrich Müller at Heidelberg University . Before the Association of German Constitutional Law Teachers , Pieroth reported at the 1991 conference in Gießen on the subject of the rule of law and the coming to terms with the pre-rule of law past . From 2006 to 2008 Pieroth was on the board of the association.

After working as a deputy professor at the University of Bonn in 1980, Pieroth was Professor of Public Law at the Universities of Bochum (1980–1988) and Marburg (1988–1993); since 1993 he was at the University of Münster . After twenty years at the Westphalian Wilhelms University, Pieroth retired in the 2013 summer semester. His successor to the chair is Fabian Wittreck . From 2013 to 2016 he was a member of the constitutional commission of the state parliament of North Rhine-Westphalia.

His main research interests include basic rights , state organization law , police law , cultural law ( school , university , media , state church law ), constitutional history as well as law and literature. His students include Thorsten Kingreen , Christoph Görisch and Bernd J. Hartmann . Federal Minister of Justice Katarina Barley ( SPD ) also did her doctorate with Pieroth.

His textbook on basic rights , which he wrote together with Bernhard Schlink and which is now being continued by Kingreen and Poscher, is considered a classic of legal training literature .

Pieroth has repeatedly appeared before the Federal Constitutional Court as a procurator or expert , for example in the procedures for the asylum compromise, for the termination of pregnancy, against the pre-trial detention of the forwarding agent Thomas Betz and a group of people with intellectual disabilities, and most recently with the automatic registration of license plates. According to Pieroth, he refused to represent him in the NPD ban proceedings . In September 2019 he was one of about 100 constitutional law teachers who, with the open appeal for the right to vote, Downsized the Bundestag! turned to the German Bundestag .

Since 2019 he has been a member of the advisory board of the Institute for Weltanschauungsrecht (ifw). In October 2019, he submitted a legal opinion on ecclesiastical labor law in the "Egenberger" case to the Federal Constitutional Court , in which he assessed the pending constitutional complaint of the Diakonie as inadmissible and unfounded.

Pieroth is married and has three children.

Quotes

"The French stormed the Bastille, the Germans invented administrative justice and the principle of proportionality."

- Bodo Pieroth, with Bernhard Schlink and Michael Kniesel

Works

Books (selection)

• Disruption, strike and lockout at the university. Duncker & Humblot, Berlin 1976, ISBN 978-3-428-03586-1 (dissertation)
• Retroactive effect and transitional law. Constitutional standards for intertemporal legislation. Duncker & Humblot, Berlin 1981. ISBN 978-3-428-04890-8 (habilitation).
• with Dirk Ehlers , Christian Starck and others: The rule of law and dealing with the pre-rule of law past. Property protection, social ties and expropriation in the use of land and the environment (= publications by the Association of German Constitutional Law Teachers ). Walter de Gruyter, Berlin / New York 1992 (Constitutional Law Teacher's Presentation).
• with Hans D. Jarass : Basic Law for the Federal Republic of Germany. 11th edition, CH Beck, Munich 2011, ISBN 978-3-406-60941-1 .
• with Peter Silberkuhl (Ed.): The Constitutional Complaint: Introduction - Procedure - Fundamental Rights. LexisNexis Germany / ZAP Verlag, Münster 2008, ISBN 978-3-89655-373-7 .
• Law and literature. From Friedrich Schiller to Martin Walser. CH Beck, Munich 2015, ISBN 978-3-406-68191-2 .
• Constitutional law: historical and dogmatic, theoretical and literary. Selected writings by Bodo Pieroth , ed. by Christoph Görisch, Bernd J. Hartmann and Thorsten Kingreen . CF Müller, Heidelberg 2020, ISBN 978-3-8114-5268-8 .

Articles (selection)

• Denial of law to maintain the functionality of state institutions. Critique of a figure of argument in case law , Verwaltungsarchiv (VerwArch) 68 (1977), pp. 217–245, Carl Heymanns Verlag , Cologne
• The sanction in the legislative process. A note on term jurisprudence in German constitutional law , Der Staat 16 (1977), pp. 557-567, Duncker & Humblot, Berlin
• Material legal consequences of constitutional competence and organizational norms , Archive of Public Law (AöR) 114 (1989), pp. 422–450, Mohr Siebeck Verlag , Tübingen
• The value of the safety function of Article 2, Paragraph 1 of the Basic Law. On a dispute within the Federal Constitutional Court about general freedom of action , Archive of Public Law (AöR) 115 (1990), pp. 33-44, Mohr Siebeck Verlag, Tübingen
• The preventive and repressive tasks of the Federal Border Guard, especially at the internal borders , administrative archive (VerwArch) 88 (1997), pp. 568–597, Carl Heymanns Verlag, Cologne

Textbooks

• with Bernhard Schlink : basic rights. Staatsrecht II. 27th edition, CF Müller, Heidelberg 2011, ISBN 978-3-8114-9812-9 , continued by Kingreen / Poscher, 33rd edition 2017, ISBN 978-3-8114-4525-3 .
• with Werner Frotscher : Constitutional history. 10th edition, CH Beck, Munich 2011, ISBN 978-3-406-62800-9 .
• with Bernhard Schlink and Michael Kniesel : Police and regulatory law with the right to assemble. 7th edition, CH Beck, Munich 2012, ISBN 978-3-406-64345-3 .
• as ed. with Christoph Görisch and Bernd J. Hartmann : Housework in constitutional law. Sample solutions and design guidelines for basic studies. 3rd edition, CF Müller, Heidelberg 2015, ISBN 978-3-8114-9412-1 .

Web links

• Literature by and about Bodo Pieroth in the catalog of the German National Library
• Website of Bodo Pieroth as a professor emeritus at the University of Münster

swell

1. ^ Association of German Constitutional Law Teachers / Topics and Reporters ( Memento from May 1, 2008 in the Internet Archive )
2. ^ Website of the chair of Bodo Pieroth at the University of Münster ( memento from April 17, 2012 in the Internet Archive ), accessed on January 19, 2013.
3. ↑ See BVerfG, 2 BvR 1516/93 of June 22, 1998 and BVerfG, 2 BvR 1516/93 of December 10, 1998 ; see also Bodo Pieroth / Bernhard Schlink, Human dignity and legal protection in the constitutional guarantee of asylum , in: Festschrift für Ernst Gottfried Mahrenholz , 1994, p. 669 ff.
4. ↑ BVerfG, 1 BvR 2306/96 of October 27, 1998
5. ↑ logistik-inside.de ( Memento from September 10, 2012 in the web archive archive.today )
6. ↑ BVerfG, 1 BvR 329/98 of May 28, 1998
7. ↑ Spiegel Online of November 20, 2007: Länder consider video surveillance of motorists to be trivial
8. ↑ Call for the right to vote: "Verkleinert den Bundestag" , open letter from September 20, 2019 in Die Welt .
9. ↑ Prof. Dr. Bodo Pieroth | ifw - Institute for Weltanschauungsrecht. Accessed March 31, 2020 . 
10. ↑ Ecclesiastical Labor: ifw advisory opinion of the Federal Constitutional Court in the case "Egenberger" filed. Accessed March 31, 2020 . 
11. ↑ Police and regulatory law with the right of assembly , 4th edition, CH Beck, Munich 2007, § 1 Rn. 13 (p. 6 f.), ISBN 978-3-406-55827-6