Creative freedom
With creative leeway, decision options granted to a person are named by rules .
Law
Constitutions set limits for the legislature to form laws , so that on the one hand there are fixed specifications through the requirement of certainty and on the other hand there is freedom based on the prerogative of assessment ; this includes the legislature's leeway.
The jurisprudence regularly points out the legislature's leeway.
The legislator only uses the term creative leeway in Section 6a (3) AgrarMSG without defining it legally .
Each individual legal subject can also use leeway within a legal system, especially in commercial law and tax law . In other words, e.g. For example, the shareholders can freely choose a legal form prescribed by law and design the design through a partnership agreement within the framework of this legal form.
economy and politics
In economics and politics, design leeway is also used. B. board members of companies or z. B. MPs can decide.
architecture
In architecture , there is talk of design leeway in tenders and building projects , in what framework and under what specifications a building can be erected, so that the architect can freely and creatively design his designs within this design leeway.
Individual evidence
- ↑ The legislature's scope for action In: Property protection and social insurance. Contributions to foreign public law and international law, Vol 185, Berlin, Heidelberg, 978-3-540-74322-4
- ↑ BVerfG , judgment of February 9, 2010, Az. 1 BvL 1, 3, 4/09, BVerfGE 125, 175 - Hartz IV
- ↑ BVerfG, decision of January 17, 2017, Az. 2 BvL 2/14, full text
