Dieter Grimm

from Wikipedia, the free encyclopedia
Dieter Grimm (2008)

Dieter Grimm (born May 11, 1937 in Kassel ) is a German legal scholar . From 1987 to 1999 Grimm was a judge at the Federal Constitutional Court .

Live and act

Dieter Grimm was born the son of a railway clerk in the higher service. He attended the Wilhelmsgymnasium Kassel , where he graduated from high school in 1957. From the summer semester of 1957 he studied law and political science in Frankfurt am Main . After three semesters he continued his studies in Freiburg im Breisgau , switched to the Free University of Berlin for the winter semester 1959/60 and returned to Frankfurt in 1960, where he passed the first state examination in 1962 . Since his return to Frankfurt, Grimm has received a scholarship from the Cusanuswerk , a foundation of the Catholic bishops in Germany. He turned down the offer to succeed Wilhelm Hennis as assistant to Carlo Schmid and went to the Sorbonne in Paris from November 1962 to July 1963 . In the fall of 1963, Grimm began his legal traineeship , which he interrupted for a year at Harvard University in 1964/65 . There he obtained a Master of Laws (LL.M.) degree in 1965 with the work European Natural Law and American Revolution published in German in 1970 . He then worked briefly at the Boston law firm Ropes & Gray , returned to Germany at the end of 1965 and passed the second state examination in 1967 .

As a trainee lawyer , Grimm worked as an assistant at the Max Planck Institute for European Legal History in Frankfurt, which was headed by Helmut Coing , since 1966 . After the second state examination, he was given a position as a speaker at the institute, which he held until 1979. Even before his stay in France in 1962/63, Grimm had agreed with his academic teacher Coing a study on the French legal scholar Léon Duguit as the subject of his dissertation. Finally in 1971 he was working solidarity as a legal principle. Léon Duguits did her doctorate in law and politics . Grimm stayed at the Frankfurt Institute and was a member of Coing's handbook of sources and literature in recent European private law history , for which he wrote a contribution on the constitution and private law . With a thematically related work that focused on the development in France, Germany and Austria between 1776 and 1820, Grimm completed his habilitation in 1979 at the University of Frankfurt. The topic was to be pursued in a second volume for the 19th century, which, however, remained unwritten. Therefore, Grimm's habilitation thesis was initially not published. At the end of 2017, the original work was finally published under the title Constitution and Private Law in the 19th Century: The Formation Phase.

In 1979 Grimm was appointed to succeed Ernst-Wolfgang Böckenfördes at Bielefeld University, where he held a chair for public law until 1999 . At the Reform University of Bielefeld, special emphasis was placed on interdisciplinary research and Grimm cooperated in particular with the historians Hans-Ulrich Wehler , Jürgen Kocka and Reinhart Koselleck as well as the sociologists Niklas Luhmann and Franz-Xaver Kaufmann . He worked in the Collaborative Research Center for Citizenship as part of the Center for Interdisciplinary Research , of which he was director from 1984 to 1990. Grimm devoted himself specifically to the conditions in which modern constitutions were created and how they worked, and presented numerous individual studies, the most important of which are collected in the essays Law and State of Civil Society (1987) and The Future of the Constitution (1991). At Wehler's suggestion, he worked on a two-volume German constitutional history , the first volume of which appeared in 1988, but the second volume of which fell victim to the Karlsruhe judicial office. Grimm also devoted himself to the subject of the constitution in the context of the conceptual history maintained in Bielefeld and contributed an article on Koselleck's basic historical concepts . After serving as a federal constitutional judge, Grimm moved to the Humboldt University in Berlin in 2000 , where he retired in 2005. Gertrude Lübbe-Wolff , Helge Rossen, Ulli Rühl , Marion Albers and Ulrich Haltern completed their habilitation at Grimm .

Dieter Grimm, Hermann Heussner and Ernst-Wolfgang Böckenförde (1989)

In 1987, at the suggestion of the SPD , Grimm was elected to the First Senate of the Federal Constitutional Court by the Federal Council and was a member of it from July 16, 1987 to December 16, 1999. His predecessor was Konrad Hesse , his successor was Wolfgang Hoffmann-Riem . In his department, Grimm was responsible in particular for the right to freedom of expression , freedom of broadcasting and the press , freedom of assembly and association , general personal rights, data protection law and competition law. As rapporteur, he prepared groundbreaking decisions in these areas. During his tenure, Grimm put two dissenting votes against, with his dissenting opinion in the case of riding in the forest in the legal literature attracted particular attention. During Grimm's tenure at the Federal Constitutional Court, there was the crisis of 1994/95, when political and social actors voiced massive criticism of the decisions of the First Senate, in particular the decisions soldiers are murderers and the decision on the crucifix . In this context, Grimm was exposed to personal hostility because it was publicly known that he had been the rapporteur for the Chamber decision Soldiers are Murderers from 1994; In 1995, the Senate agreed with the legal opinion of the Chamber in similar cases. He was not a reporter in the crucifix resolution that Grimm endorsed.

At the same time as he moved to Berlin's Humboldt University, Grimm became a Permanent Fellow at the Wissenschaftskolleg zu Berlin in 2000 , on whose advisory board he had been a member from 1989 to 1995. From 2001 to 2007, Grimm was the successor of Wolf Lepenies as Rector of the Wissenschaftskolleg, followed by the archaeologist Luca Giuliani . In addition, Grimm was a member of the ZDF board of directors from 2002 to 2007 . Since it was founded in 1996, Grimm has participated in the annual Global Constitutionalism Seminar at Yale Law School , which brings together selected constitutional judges from around the world and constitutional lawyers from Yale University; since Grimm has been teaching as a visiting professor at Yale Law School since 2001 , he was able to take part in the seminar even after leaving the Federal Constitutional Court.

In 1980 he sparked controversy with his essay "Reforming the rule of law as a postulate of democracy?" In 2006 he spoke at the Mainz TV Critics Days 2006 on the subject of “Power and Media”.

honors and awards

In 1999 Grimm was awarded the Great Cross of Merit with Star and Shoulder Ribbon of the Order of Merit of the Federal Republic of Germany . In 2008 the University of Toronto awarded him an honorary doctorate , and in 2009 the Georg-August-Universität Göttingen . For 2015 he was awarded the Lichtenberg Medal . In 1995 he was accepted as a full member of the Academia Europaea . Grimm has been a member of the American Academy of Arts and Sciences since 2001 . In 2004 he was appointed Commandeur de l'Ordre national du Mérite by the French President , and since 2005 he has been an extraordinary member of the Berlin-Brandenburg Academy of Sciences , formerly the Prussian Academy of Sciences. In 2018 Grimm was awarded the Hoffmann von Fallersleben Prize for time-critical literature; the laudator was Heribert Prantl . In 2019 he was elected to the British Academy .

Fonts (selection)

As an author

  • Solidarity as a principle of law: Léon Duguit's legal and political doctrine in its time. Athenaeum, Frankfurt am Main 1973, ISBN 3-7610-2511-4 .
  • Law and State of Civil Society. Suhrkamp, ​​Frankfurt am Main 1987, ISBN 3-518-37858-9 .
  • German constitutional history 1776–1866: From the beginning of the modern constitutional state to the dissolution of the German Confederation. Suhrkamp, ​​Frankfurt am Main 1988, ISBN 3-518-11271-6 .
  • The future of the constitution. Suhrkamp, ​​Frankfurt am Main 1991, ISBN 3-518-28568-8 .
  • with Heinz Mohnhaupt: Constitution. On the history of the term from antiquity to the present. Two studies. Duncker and Humblot, Berlin 1995; 2nd edition 2002, ISBN 3-428-10952-X .
  • The Constitution and Politics: Objections to Incidents. Beck, Munich 2001, ISBN 3-406-48205-8 .
  • Sovereignty: Origin and Future of a Key Concept. Berlin University Press, Berlin 2009, ISBN 978-3-940432-60-5 .
  • Public law before the question of its identity. Mohr Siebeck, Tübingen 2012, ISBN 978-3-16-152254-3 .
  • The Future of the Constitution II: Effects of Europeanization and Globalization. Suhrkamp, ​​Berlin 2012, ISBN 978-3-518-29627-1 .
  • Europe yes - but which one? On the constitution of European democracy. CH Beck, Munich 2016, ISBN 978-3-406-68869-0 .
  • Constitutionalism - Past, Present, and Future , Oxford University Press 2016, ISBN 9780198766124 .
  • I am a friend of the constitution . In conversation with Oliver Lepsius , Christian Waldhoff and Matthias Roßbach. Mohr Siebeck, Tübingen 2017, ISBN 978-3-16-155449-0 .
  • Constitution and private law in the 19th century. The formation phase. Mohr Siebeck, Tübingen 2017, ISBN 978-3-16-155661-6 .

As editor

  • Law and related sciences. 2 volumes. Volume 1: Fischer Athenäum, Frankfurt am Main 1973; again: Beck, Munich 1976, ISBN 3-406-04942-7 ; Vol. 2: Beck, Munich 1976, ISBN 3-406-04943-5 .
  • Introduction to law: tasks, methods, effects. CF Müller, Heidelberg 1985; 2nd, revised edition 1991, ISBN 3-8114-7491-X .
  • with Werner Maihofer : Legislative Theory and Legal Policy. Westdeutscher Verlag, Opladen 1988, ISBN 3-531-12012-3 .
  • Growing state tasks - declining ability to steer the law. Nomos, Baden-Baden 1990, ISBN 3-7890-2187-3 .
  • State duties. Nomos, Baden-Baden 1994, ISBN 3-7890-3291-3 .
  • with Paul Kirchhof : decisions of the Federal Constitutional Court: study selection. 2 volumes. Mohr Siebeck, Tübingen 1993; 2nd edition 1997, 3rd, extended edition 2007 (with Paul Kirchhof and Michael Eichberger ), ISBN 978-3-16-149274-7 , ISBN 978-3-16-149275-4 .
  • with Alexandra Kemmerer and Christoph Möllers : Rumors of the law. Lectures and discussions from the Berlin seminar Law in Context. Law in Context, Volume 1. Nomos, Baden-Baden 2015, ISBN 978-3-8487-1181-9 .
  • with Alexandra Kemmerer and Christoph Möllers: Rechtswege. Context-sensitive legal research before the transnational challenge . Law in Context, Volume 2. Nomos, Baden-Baden 2015, ISBN 978-3-8487-1182-6 .
  • with Alexandra Kemmerer and Christoph Möllers: Human Dignity in Context. Explorations of a Contested Concept. Law in Context, Volume 3.Nomos, Baden-Baden / Hart Publishing, Oxford 2018.

literature

  • Ulrike Davy / Gertrude Lübbe-Wolff : Constitution: history, present, future. Author colloquium with Dieter Grimm. Nomos, Baden-Baden 2018, ISBN 978-3-8487-4715-3 .
  • Ulrich R. Haltern : For Dieter Grimm's 70th birthday. In: JuristenZeitung 62 (2007), p. 514 f.
  • Gertrude Lübbe-Wolff: Dieter Grimm on his 75th birthday. In: Archives of Public Law 137 (2012), pp. 481–486.
  • Helge Rossen-Stadtfeld: Dieter Grimm on his 70th birthday. In: Archives of Public Law 132 (2007), pp. 161–164.

Web links

Commons : Dieter Grimm  - Collection of pictures, videos and audio files

Video

Footnotes

  1. Dieter Grimm: "I am a friend of the constitution". Tübingen 2017, pp. 1, 31, 34, 38 f.
  2. Dieter Grimm: "I am a friend of the constitution". Tübingen 2017, p. 49 f.
  3. ^ Dieter Grimm: European Natural Law and American Revolution. In: Ius commune III (1970), pp. 120-151.
  4. ^ Dieter Grimm: The constitutional foundations of private law legislation. In: Helmut Coing (Ed.): Handbook of sources and literature of recent European history of private law , Volume III / 1, Munich 1982, pp. 17–173.
  5. Dieter Grimm: "I am a friend of the constitution". Tübingen 2017, pp. 86–88.
  6. ^ Dieter Grimm: Constitution and private law in the 19th century (=  Jus Publicum . Volume 269 ). 1st edition. Mohr Siebeck, Tübingen 2017, ISBN 978-3-16-155557-2 ( online [accessed January 31, 2019]).
  7. Dieter Grimm: "I am a friend of the constitution". Tübingen 2017, pp. 100, 108.
  8. Dieter Grimm: Constitution (II.). In: Otto Brunner / Werner Conze / Reinhart Koselleck (eds.): Geschichtliche Grundbegriffe Volume 6, Stuttgart 1990, pp. 863–899.
  9. Dieter Grimm: "I am a friend of the constitution". Tübingen 2017, p. 269 f.
  10. Press release No. 30/2012 of the Federal Constitutional Court on Grimm's 75th birthday
  11. which: BVerfGE 90, 60 ( Broadcasting Funding ), BVerfGE 92, 1 ( sit-ins ), BVerfGE 93, 266 ( soldiers are killers ), BVerfGE 99, 367 ( Montan-participation ) BVerfGE 100, 313 ( monitoring powers of the BND ).
  12. Grimm's special opinions: BVerfGE 80, 137 ( riding in the forest ), BVerfGE 81, 29 ( holiday apartments , together with Thomas Dieterich and Jürgen Kühling ).
  13. Dieter Grimm: "I am a friend of the constitution". Tübingen 2017, pp. 138–141.
  14. The text of the chamber decision of August 25, 1994 in: Neue Juristische Wochenschrift 47 (1994), p. 2943.
  15. Dieter Grimm: "I am a friend of the constitution". Tübingen 2017, pp. 146–148.
  16. BVerfGE 93, 266 ( soldiers are murderers ).
  17. Dieter Grimm: "I am a friend of the constitution". Tübingen 2017, pp. 272–276.
  18. Dieter Grimm: "I am a friend of the constitution". Tübingen 2017, p. 253.
  19. ^ Dieter Grimm: Reforming the rule of law as a postulate of democracy? In: Legal Training. 1980, pp. 704-709; on this the reply by: Friedhelm Hase , Karl-Heinz Ladeur , Helmut Ridder : Again: Reforming the rule of law as a postulate of democracy? In: Legal Training. 1981, pp. 794–798, and the statement by: Volker Neumann: Legal and constitutional positions of the constitutional left. In: The State . 1982, pp. 551-575 (568 with footnote 68).
  20. Power and Media. Journalism in the networked society . Mainz Days of TV Criticism, organize on April 3 and 4, 2006; ISBN 3930610345 .
  21. http://grimm.rewi.hu-berlin.de/cv
  22. http://www.uni-goettingen.de/de/112354.html
  23. ^ Membership directory: Dieter Grimm. Academia Europaea, accessed June 27, 2017 .
  24. http://grimm.rewi.hu-berlin.de/cv
  25. ^ Book of Members. Retrieved July 26, 2016 .
  26. Awarding of the Literature Prize. Retrieved on February 25, 2018 (German).
  27. Prize winner Prof. Dr. Dieter Grimm at hoffmann-von-fallersleben-gesellschaft.de, accessed on June 14, 2018