Protection of fundamental rights through organization and procedure

from Wikipedia, the free encyclopedia

Protection of fundamental rights through organization and procedures is a topos in the Heads of State and Administrative Law . This includes constellations in which the state must take preventive organizational and procedural measures to protect basic rights , such as the freedom of science , the right to life and physical integrity, or the right to informational self-determination .

In the constitutional assessment, the same standards are to be applied to such precautions as in the examination of interference laws . If fundamental organizational and / or procedural principles are not complied with, this is also a violation of fundamental rights.

Important fundamental judgments on this subject in German law are BVerfGE 35, 79 and BVerfGE 53, 30.

Web links

  • BVerfGE 35, 79 - University judgment - judgment of May 29, 1973.
  • BVerfGE 49, 220 - Foreclosure Sale III - Decision of September 27, 1978 (special vote by Böhmer).
  • BVerfGE 52, 380 - Silent examinee - Decision of November 13, 1979.
  • BVerfGE 53, 30 - Mülheim-Kärlich NPP - Decision of December 20, 1979.
  • BVerfGE 65, 1 - Census - judgment of December 15, 1983.