Josef Isensee

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Josef Isensee (born June 10, 1937 in Hildesheim ) is a German constitutional lawyer and state philosopher .

Life

Isensee studied law and philosophy in Freiburg im Breisgau , Vienna and Munich . During his studies he became a member of the Catholic student association KDSt.V. Hohenstaufen Freiburg and the KAV Danubia Vienna . He completed his legal preparatory service, as well as the two state law exams, in Munich. From 1962 to 1970 he worked at Walter Leisner's chair at the Friedrich-Alexander-Universität Erlangen-Nürnberg , where he started his work in 1967 with the thesis “Subsidiarity Principle and Constitutional Law: A Study of the Regulatory Relationship between State and Society” (2nd ed . 2001) for Dr. iur. PhD . In 1970 he completed his habilitation and was awarded the Venia Legendi (teaching license) for the subjects of “Constitutional and Administrative Law” and “Tax Law”.

After his first appointment as full professor at the Chair for Constitutional and Administrative Law III at Saarland University in 1971, he was professor at the Institute for Public Law at the Law and Political Science Faculty of the Rheinische from 1975 until his retirement on August 1, 2002 Friedrich Wilhelms University of Bonn . In the winter semester 2002/2003 he was visiting professor at the Friedrich Schiller University Jena , in the winter semester 2003/2004 visiting professor at the Free University of Berlin and in the summer semester 2010 as part of the " Otto von Freising Visiting Professorship" visiting professor at the Catholic University of Eichstätt-Ingolstadt .

Act

Isensee's main research areas are state organization law , basic rights , general state theory and constitutional theory . He has published numerous authoritative works on constitutional law.

In 1973 he gave a lecture at the Mannheim annual conference of the Association of German Constitutional Law Teachers on “The Constitutional Position of Foreigners in the Federal Republic of Germany”. The legal as well as other scientific public is connected to the name Isensee with the 13-volume “Handbuch des Staatsrechts der Bundes Republik Deutschland”, which he has published since 1987 together with his Heidelberg colleague Paul Kirchhof . Equally influential was his lecture on “The Basic Right to Security. On the protective duties of the liberal constitutional state ", which significantly influenced the doctrine of fundamental rights protective duties adopted by the Federal Constitutional Court ( BVerfGE 39, 1 - Abortion I).

Isensee has been a full member of the North Rhine-Westphalian Academy of Sciences and Arts in Düsseldorf since 1986 . In the same year he received the Bavarian Literature Prize ( Karl Vossler Prize ) for scientific representations of literary rank. In 1997 he was awarded the honorary doctorate doctor honoris causa scientarium iuris of the Faculty of Canon Law of the Academy of Catholic Theology in Warsaw (today: Cardinal Stefan Wyszyński University ).

Isensee opposed the introduction of dual nationality in 1999 . He assessed it as a "coup d'état by parliament", since "nationality in its essential structures [...] can only be abolished and substantially restructured through constitutional amendments".

Honors (selection)

Works (selection)

  • Law as border-border of law , Bouvier Verlag, Bonn 2009, ISBN 978-3-416-03148-6 .
  • Subsidiarity principle and constitutional law , Berlin 1968, 2nd edition 2001.
  • The constitutional position of foreigners in the Federal Republic of Germany , in: Publications of the Association of German Constitutional Law Teachers , Vol. 34 (1974), p. 49 ff.
  • The legalized right of resistance , Bad Homburg [u. a.] 1969.
  • The typifying administration , Berlin, 1976, partly also: Erlangen-Nürnberg, Univ., Habil.-Schr., 1975.
  • Who defines the freedom rights? , Heidelberg [u. a.] 1980.
  • The basic right to security , Berlin [u. a.] 1983; in Italian translation 2017 published by Editoriale Scientifica, ISBN 978-88-9391-246-4 .
  • Handbook of Constitutional Law of the Federal Republic of Germany , ed. by Josef Isensee and Paul Kirchhof , Heidelberg, 3rd edition ( HStR for short ; since 2003, 1st / 2nd edition 1987–2001, 10 vols.), in particular: J. Isensee, Staat und Verfassungs , vol. II, § 15; alternatively, The fundamental right as a right of defense and state duty to protect , Vol. V, § 115.

literature

swell

  1. ^ Winner of the Karl Vossler Prize ( Memento from June 27, 2015 in the Internet Archive ), Bavarian State Ministry for Education and Culture, Science and Art
  2. ^ A coup d'état by Parliament , Die Welt , January 6, 1999
  3. ↑ BAnz AT November 22, 2012 B1

Web links

personal data
SURNAME Isensee, Josef
BRIEF DESCRIPTION German constitutional lawyer
DATE OF BIRTH June 10, 1937
PLACE OF BIRTH Hildesheim