Dietrich Murswiek

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Dietrich Murswiek (born October 11, 1948 in Hamburg ) is a German legal scholar .

life and work

As a teenager, Murswiek was actively involved in the school newspaper Im Brennpunkt , which was published by Heinrich Meier and classified as right-wing extremist .

After graduation Murswiek studied in Erlangen , Marburg and Heidelberg Law and in 1978 at Charles Doehring at the Law Faculty of the University of Heidelberg with the issue of the constituent power of the Basic Law for the Federal Republic of Germany to the Dr. jur. PhD . In this work, Murswiek worked out that the Basic Law incorporated the theoretical distinction between constitutional power and constitutional powers ( pouvoir constituant and pouvoir constitué ) into the constitution, from which he derived consequences for the limits of constitutional amendment. He showed not only that the “ eternity clause ” of the Basic Law (Article 79 Paragraph 3) is not subject to any constitutional amendment, but also that there are further systematic limits to the constitutional amendment outside the scope of this clause.

As a student he was a member of the National Democratic Student League in Heidelberg and employees of the right-wing German student-Anzeiger . On May 21, 1970, Murswiek was involved in a demonstration against the meeting of Willy Brandt and Willi Stoph in Kassel, during which “the GDR splinter flag” was torn from the mast. Murswiek was praised for the action by the right-wing extremist Deutsches Studenten-Anzeiger in issue 48 from 1970 in the context of an interview, and the action and the protagonist were photographed.

After his legal clerkship in Mannheim and Heidelberg, he became a research assistant at the chair for constitutional, administrative and international law with Hartmut Schiedermair at the Saarland University in Saarbrücken. There he completed his habilitation in 1984 with the work The State Responsibility for the Risks of Technology. Constitutional foundations and immission protection law and received the Venia legendi for constitutional, administrative and international law. With this book, the first postdoctoral thesis in the field of environmental law, Murswiek has further developed the doctrine of the state's fundamental rights to protect and made it useful for protection against environmental damage and technical risks.

He was a visiting professor at Saarland University and at the University of Administrative Sciences in Speyer . After serving as professor of public law and 1986 Forestry Law at the University of Goettingen had worked, he was as successor to Ernst-Wolfgang Böckenförde from 1990 until his retirement Professor of Heads of State and Administrative Law , and from 1999 for German and International Environmental Law at the University Freiburg im Breisgau . When he was appointed to the University of Freiburg, he was accused of having been active in right-wing extremist circles at a young age.

He was also director of Department III (constitutional law) of the Institute for Public Law, and in 1998 he became managing director. In 1994/95 he was speaker of the convention and from 1995 to 1997 dean of the law faculty. In 1997 he turned down a call to the chair for general political theory, public law and legal philosophy at the University of Cologne .

From 1999 to 2003 he was a member of the supervisory board of the UFZ environmental research center in Leipzig-Halle . He is a member of the European Academy of Sciences and Arts . Murswiek is a commentator on the " Bonn Commentary on the Basic Law " and the Basic Law Commentary published by Michael Sachs . He is a regular author of the “Decision Analyzes ” of the “ JuS -Richtsprechungsüberview” and co-editor of the journals Natur + Recht and Zeitschrift für Rechtssphilosophie . In 2016 he retired.

Murswiek's scientific work focuses on three areas: constitutional law , international law and environmental law . In environmental law, the levels of constitutional and administrative law as well as European and international law overlap . In constitutional law, work on fundamental rights predominates , especially on general doctrine of fundamental rights, as well as constitutional theory and constitutional doctrine. In his lecture to the Association of German Constitutional Law Teachers on "Coping with scientific and technical developments through administrative law", Murswiek showed that the rule of law does not have to surrender to undetected and hypothetical risks, but that on the other hand, comprehensive state regulation of technical developments is not possible is. He delivered the first systematic interpretation of the “state goal of environmental protection” (Article 20a of the Basic Law) that has become a benchmark. Murswiek's main international law issues are the right of peoples to self-determination and the protection of minorities . Murswiek was the first international lawyer to analyze the preventive war strategy of the United States (“ Bush Doctrine ”) and subject it to criticism under international law.

Murswiek is committed beyond the academic framework and has published on his subjects in various leading media such as Frankfurter Allgemeine Zeitung or Süddeutsche Zeitung , but also in right-wing conservative magazines such as Criticón or Junge Freiheit , which he interviewed several times. Today he is a speaker at AfD events , such as the extremism congress of the AfD parliamentary groups in the state parliaments on March 18, 2017 in Berlin.

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 .

Legal representation, reports

Murswiek is not only active as a scientific author, but also as an expert and litigator. He was a member of the CDU from 1972 to 2015 and advises members of the Bundestag of the CDU / CSU parliamentary group on questions of constitutional and international law, but has also prepared reports for Die Grünen , DIE LINKE and the ödp and represented them in litigation.

Murswiek was the lawyer in an organ dispute before the Federal Constitutional Court , which the Bundestag members Peter Gauweiler and Willy Wimmer had sought against the use of German Tornado fighter jets in Afghanistan , but which already failed because of the admissibility requirements. The court clarified the legal issues raised in a dismissed organ complaint by the left-wing parliamentary group . The constitutional complaint and the organ litigation Peter Gauweiler against the ratification of the Lisbon Treaty (see. Lisbon judgment he initially supported) with a report and then took over the litigation. He also represents Peter Gauweiler in constitutional complaint proceedings against the euro bailout fund and in an extension suit against the rescue fund in the ESM contract .

Fonts (selection)

  • The constitution-making power according to the Basic Law for the Federal Republic of Germany (= writings on public law 343). Duncker & Humblot, Berlin 1978 ISBN 3-428-04174-7 (Diss. Univ. Heidelberg 1978).
  • State responsibility for the risks of technology. Constitutional foundations and immission control legal form (= publications on environmental law 3). Duncker & Humblot, Berlin 1985 ISBN 3-428-05868-2 (Habil.-Schr. Univ. Saarbrücken 1983).
  • Environmental protection as a national task. New ways in the eco-debate . In: Criticón 100/101 (1987), pp. 79-82.
  • Maastricht and the pouvoir constituant. On the significance of the constituent power in the process of European integration . In: Der Staat 32 (1993), pp. 161–190.
  • Sovereignty and Humanitarian Intervention. On some recent trends in international law . In: Der Staat 35 (1996), pp. 31–44.
  • The accession of the states of Eastern Central Europe to the European Union and the rights of the German ethnic groups and minorities as well as the displaced persons (= treatises on constitutional and international law by the Study Group for Politics and International Law, Volume 16). Verlag Wissenschaft und Politik, Cologne 1997 (with Dieter Blumenwitz and Gilbert Gornig)
  • State - sovereignty - constitution. Festschrift for Helmut Quaritsch on his 70th birthday. Berlin 2000. ISBN 3-428-09623-1
  • American Preventive War Strategy and International Law . In: NJW 2003, pp. 1014-1020.
  • The constitution protection report - the sharp sword of militant democracy. On the problem of suspicion reporting . In: NVwZ 2004, pp. 769-778.
  • Commentary on the preamble of the Basic Law . In: Bonn Commentary on the Basic Law . CF Müller Verlag, Heidelberg 1950 ff. (Loose-leaf commentary), 119th update September 2005.

literature

  • Martin Hochhuth (Ed.): Thinking about state and law. Colloquium on the 60th birthday of Dietrich Murswiek (scientific treatises and speeches on philosophy, politics and intellectual history, volume 59) , Duncker & Humblot, Berlin 2010, ISBN 978-3-428-13177-8 (with list of publications).

Web links

Individual evidence

  1. ^ Hans-Dieter Bamberg: The Germany Foundation e. V. Studies on the forces of the “democratic center” and conservatism in the Federal Republic of Germany. Marburg Treatises on Political Science Vol. 23, 1978, p. 421.
  2. ↑ In the imprint of Im Brennpunkt, issue 3 1970, Murswiek is listed as a "permanent employee".
  3. ↑ See e.g. B. On the limits to the amendment of fundamental rights. In: Detlef Merten, Hans-Jürgen Papier (ed.): Handbook of Fundamental Rights in Germany and Europe , Vol. 2. CF Müller Verlag, Heidelberg 2006, § 28, pp. 157-219.
  4. ↑ Helmut Kellershohn (ed.): The plagiarism. The Volkish Nationalism of Young Freedom. DISS-Verlag, Duisburg 1994. p. 125
  5. ↑ Deutscher Studenten-Anzeiger , issue 48 from July 1970, p. 1
  6. ^ Right / flag incident: simple phrase. In: Der Spiegel 26/1970. June 22, 1970, p. 67 , accessed November 2, 2018 .
  7. ↑ See e.g. B. Basic rights as participation rights, basic social rights. In: Josef Isensee, Paul Kirchhof (ed.): Handbuch des Staatsrechts , Vol. V. 2nd edition, 2000, § 112, pp. 243–289.
    Fundamental rights dogmatics at the turning point? In: Der Staat 45 (2006), pp. 473–500.
  8. ^ In: Publications of the Association of German Constitutional Law Teachers (VVDStRL) 48 (1990), pp. 207-234.
  9. ↑ State objective environmental protection (Art. 20a GG). Significance for legislation and the application of the law. In: NVwZ 1996, pp. 222-230.
    Commentary on Art. 20 a, in: Michael Sachs (Ed.): Basic Law . 1996, 4th edition 2007.
  10. ↑ Dietrich Murswiek: The American Preventive War Strategy and International Law. (PDF; 205 kB) Lecture at the University of Freiburg as part of the Studium Generale (Colloquium Politicum - Forum Law) on February 10, 2003. Institute for Public Law - Section 3 (Constitutional Law) of the Law Faculty of the University of Freiburg, February 10 2003, accessed November 3, 2018 (summary).
  11. ↑ Extremism Congress Berlin on March 18th - Germany in the crosshairs: The congress on the dangers for democracy through left, right and religiously motivated extremism. In: extremismuskongress.de. AfD parliamentary groups in the state parliaments, archived from the original on January 5, 2018 ; accessed on November 3, 2018 . Toralf Staud : Alternative for Germany: Extremism at the “Extremism Congress”. In: Zeit Online . March 19, 2017, accessed November 3, 2018 .
  12. ↑ Call for the right to vote: "Verkleinert den Bundestag" , open letter from September 20, 2019 in Die Welt .
  13. ↑ Kai Biermann and Astrid Geisler: The adviser of the AfD. In: ZEIT ONLINE. November 22, 2018. Retrieved November 26, 2018 .
  14. ↑ Dietrich Murswiek: Summary of the arguments on the Tornado lawsuit of the Bundestag member Dr. Peter Gauweiler and Willy Wimmer. (pdf, 99 kB) Institute for Public Law - Dept. 3 (Constitutional Law) of the Law Faculty of the University of Freiburg, March 9, 2007, accessed on November 3, 2018 .
  15. ^ Lawsuit of the left-wing faction against the Tornado mission in Afghanistan rejected. Federal Constitutional Court, press release 72/2007, July 3, 2007, accessed on November 3, 2018 . Judgment of the Second Senate - 2 BvE 2/07. Federal Constitutional Court, July 3, 2007, accessed on November 3, 2018 .
  16. ↑ Dietrich Murswiek: The Treaty of Lisbon and the Basic Law: Legal opinion on the admissibility and justification of constitutional remedies against the Act of Approval to the Treaty of Lisbon and the German accompanying legislation. (pdf, 654 kB) In: peter-gauweiler.de. December 2008, archived from the original on August 21, 2013 ; accessed on November 3, 2018 .
  17. ↑ See Dietrich Murswiek: The Lisbon judgment of the Federal Constitutional Court from the point of view of a litigator. In: Festschrift for Rainer Wahl , 2011, pp. 779–801.
    Also in: Volker Kempf, Rudolf Stettin (ed.). The European Union. Perspectives with a future? 2012, pp. 65–91.
  18. ^ Dietrich Murswiek: Constitutional complaint Dr. Peter Gauweiler against the ECB's QE bond purchases and against Draghi's bias. (pdf, 745 kB) Institute for Public Law at the University of Freiburg, October 22, 2015, accessed on November 3, 2018 .
  19. ↑ Joachim Jahn: ESM: Gauweiler extends lawsuit against the rescue fund. In: faz.net . August 3, 2012, accessed November 3, 2018 . Dietrich Murswiek: Materials on the constitutional processes against the “euro rescue” and against the ECB's overstepping of powers. In: dietrich-murswiek.de. Retrieved November 3, 2018 .
personal data
SURNAME Murswiek, Dietrich
BRIEF DESCRIPTION German legal scholar
DATE OF BIRTH October 11, 1948
PLACE OF BIRTH Hamburg