Günter Dürig

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Günter Dürig (born January 25, 1920 in Breslau ; † November 22, 1996 in Tübingen ) was a German professor of constitutional law at the University of Tübingen, who with his leading commentary on the Basic Law - together with Roman Herzog and Theodor Maunz - had a formative influence on constitutional law Federal Republic of Germany won. He is also the namesake of the collection of laws of the state of Baden-Württemberg .

Life

Günter Dürig started an officer career after graduating from high school and experienced the end of the war as a captain in the "Greater Germany" division, wounded in the hospital. He studied law in Munich from 1946 , received his doctorate in 1949 and completed his habilitation in 1953. After that, he was a private lecturer there. In 1955 he became an associate professor and in 1956 a full professor at the University of Tübingen . There he was director of the international law seminar. He was also a judge at the Baden-Württemberg Administrative Court . In 1985 he retired.

Dürig was one of the founding lawyers of the new beginning in the Federal Republic of Germany after 1945. In particular, his fundamental rights dogmatics, here the doctrine of human dignity , is the foundation of his lasting reputation. Dürig was less effective through the number of his publications than through the spoken word - be it in court, in the lecture hall or in public. Although his teachings influenced the case law of the Federal Constitutional Court , the Supreme Court expressly rejected his theorems on key points . So his views remained controversial. In 2003, the core of Dürig's teaching in his commentary on the Basic Law , the remarks on Article 1, Paragraph 1 ( “Human dignity is inviolable” ) was replaced by a new version (under the responsibility of Matthias Herdegen ). The former judge of the Federal Constitutional Court Ernst-Wolfgang Böckenförde spoke of an "epochal break". Due to the following extensive debate and current case law of the Federal Constitutional Court, Herdegen revised his commentary several times until 2006.

Dürig's conception of human dignity consisted in not recognizing a “normal basic right ” in Article 1, Paragraph 1 of the Basic Law , but rather a binding standard for all state action, which determines and limits the state's purpose and task as well as the legitimacy of state and law. Human dignity, which was regarded as the “supreme constitutional principle of all objective law”, could not, like the other fundamental rights, be weighed up and restricted by other fundamental rights. In doing so, Dürig relied on a pre-positive , natural law foundation. Its object formula for the definition of human dignity has been adopted by the Federal Constitutional Court.

Dürig was an honorary member of the Catholic student association KStV Alamannia Tübingen in the KV .

Honors

Fonts (selection)

  • The professional civil servants and the state crises (= publications of the Association of German Constitutional Law Teachers , Issue 13). Reports by Friedrich August von der Heydte , Günter Dürig, Richard Naumann , Hans Spanner and discussion of the reports in the negotiations at the conference of German constitutional law teachers in Tübingen on October 14th and 15th, 1954. de Gruyter, Berlin 1955.
  • The legal status of the Catholic private schools in the state of Bremen (= law and state in past and present . 284/285). Mohr (Siebeck), Tübingen 1964.
  • with Walter Rudolf (Ed.): Texts on German constitutional history. Primarily for study use (= legal historical texts ). Beck, Munich a. a. 1967.
  • with Hans-Ulrich Evers: On the constitution-amending restriction of postal, telephone and telecommunications secrecy. 2 legal opinions. Refunded . Gehlen, Bad Homburg 1969.
  • Walter Schmitt Glaeser , Peter Häberle (ed.): Günter Dürig, Collected Writings, 1952–1983 (= writings on public law . Vol. 463). Duncker and Humblot, Berlin 1984, ISBN 3-428-05594-2 .
  • Basic Law: Commentary on Articles 1 and 2 of the Basic Law . Special print, Beck, Munich 2003, ISBN 3-406-51604-1 .

literature

  • In memory of Professor Dr. iur. Günter Dürig, 1920–1996 (= Tübingen University Speeches, Series of the Faculty of Law . Vol. 13). Edited by the Faculty of Law in cooperation with the press office of the Eberhard-Karls-Universität Tübingen, Tübingen 1999.
  • Hartmut Maurer (Ed.): The accepted Basic Law. Festschrift for Günter Dürig on his 70th birthday . Beck, Munich 1990, ISBN 3-406-34252-3 .
  • Peter Häberle : Obituary for Günter Dürig In: Neue Juristische Wochenschrift, 1997, page 305 f.
  • Walter Schmitt Glaeser: In Memoriam Günter Dürig In: Archive of Public Law 1997, page 134 ff.
  • Walter Schmitt Glaeser: Reminder and thanks to Günter Dürig. Tübingen University Speeches nF Volume 27; Law Faculty Series, Volume 13: In Memory of Professor Dr. iur. Günter Dürig (1920–1996), 1999, p. 33 ff.

Web links

personal data
SURNAME Dürig, Günter
BRIEF DESCRIPTION German state and constitutional lawyer
DATE OF BIRTH January 25, 1920
PLACE OF BIRTH Wroclaw
DATE OF DEATH November 22, 1996
Place of death Tübingen