Martin Hochhuth

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Martin Hochhuth (born December 23, 1960 in Eschwege ) is a German lawyer and legal philosopher .


Martin Hochhuth is the son of the writer Rolf Hochhuth and his wife Marianne Heinemann, the daughter of the resistance fighter Rose Schlösinger .

He grew up in Riehen , Basel and Gaienhofen , studied law , philosophy and politics at the Universities of Hamburg and Freiburg and attended drama school . After the legal state exams , doctorate (1998) and habilitation (2005) in Freiburg, he was appointed adjunct professor there in 2007 . Since his habilitation, he has held a professorship at numerous German universities. a. in Bayreuth, Bielefeld, Göttingen, Hagen, Heidelberg, Jena and Konstanz. Teaching assignments take him repeatedly to the universities in Kassel and Friedrichshafen (Zeppelin University). From February 2013 to March 2015, he was Scientific Director of the Competence Network Law and Civil Security in Europe (KORSE) at the University of Freiburg.

In autumn 2016, Hochhuth declared his willingness to run for the successor to the SPD Bundestag member Gernot Erler in the federal constituency of Freiburg as part of the 2017 federal election, but lost at the constituency conference of the SPD with 80 votes against the chairman of the Freiburg district association Julien Bender (118 votes) .

Since April 2018, Martin Hochhuth has been Professor of Public Law at the FHöV NRW, study location Gelsenkirchen.


In his habilitation thesis "Freedom of Opinion in the System of the Basic Law" (2007) as well as in specialist articles, Hochhuth fights for free speech in the sense of the "Lüth" judgment and other Federal Constitutional Court decisions that served intellectual openness and political enlightenment.

Criticism of the deregulation of the markets and especially of the financial system

On April 27, 2001, Hochhuth warned at the conference of the Young Forum on Legal Philosophy at the Free University of Berlin against a philosophical and political paradigm confusion that would shape international law, but also other areas of law. The classic, authoritarian raison d'être had been dethroned by human rights after centuries of struggle. This progress towards the "self-surrender of the state", however, is now being misused because the freedom of the individual is being confused with his or her monetary wealth. Hochhuth took up the topic again in several publications, most recently with the volume "Withdrawal of the State and Freedom of the Individual - The Privatization of Existential Infrastructures", which also includes contributions by Rolf Stürner , Siegfried Broß , Thomas Würtenberger , Dietrich Murswiek , Heinrich Haasis , Eberhard Eichenhofer , Michael Ronellenfitsch , Michael Fehling , Hanno Kube , Christoph Ohler and Günter Knieps .

Prevention of constitutional changes to military use in Germany

After the attacks of September 11, 2001 , Hochhuth was the first scientist to oppose the unanimous opinion in literature and politics with the article "Federal military intervention in domestic terrorist acts" in the Neue Zeitschrift für Wehrrecht . Two arguments in this paper prevented (for the time being, i.e. at least until today) the amendments to the Basic Law on the deployment of the Bundeswehr inside, which the CDU-CSU opposition vehemently demanded and parts of the red-green federal government also considered necessary. The decisive factor in turning the debate around was that terrorist aircraft hijackings can always be seen as a “transnational accident” within the meaning of Article 35 (3) sentence 1 of the Basic Law. This provision empowers “the federal government ... to deploy units of the armed forces.” With this hint from Hochhuth, the constitutional amendment was off the table, because the opposition and its candidate for chancellor Edmund Stoiber had feared that without a constitutional amendment, the federal government would have to stand by and watch a plane hijacked the Basic Law gave her no jurisdiction. In favor of a constitutional amendment, however, the problem still seemed to speak for itself that even if the Bundeswehr was responsible (according to Article 35.3 of the Basic Law), according to the prevailing opinion in hazard prevention law, there would be no authorization to intervene to endanger the life of the abductee. However, life would be endangered if their aircraft were robustly pushed aside by the Bundeswehr or forced to land. A mere authorization rule does not give a right to kill, which would be inevitable if the aircraft were shot down. The essay shows why this problem could not be solved by a constitutional amendment: the previous simple statutory law offers solutions, but not satisfactory in terms of the rule of law. The conceivable constitutional solutions would not be more satisfactory, but also dangerous. Hochhuth fears in particular "free rider changes" to the constitution: If the internal military deployment were expressly standardized even for an extreme case, further changes would soon follow.

Defense of the "artificially correct" religious male circumcision

Since Hochhuth was the first to criticize the Cologne circumcision judgment in the NJW , the WDR interviewed him . Here he demanded that Jews and Muslims be given legal certainty back faster and more securely than through a (always vulnerable) law through instructions under the Courts Constitution Act (GVG) . The Minister of Justice of North Rhine-Westphalia Kutschaty contradicted this on the same day, but the federal states of Berlin , Baden-Württemberg and Hamburg followed the suggestion.

Proceedings against CETA before the Federal Constitutional Court

Hochhuth has represented the music teacher Marianne Grimmenstein-Balas and her 68,000 co-plaintiffs in the proceedings against CETA since 2016 .

In the context of these proceedings before the Federal Constitutional Court , Hochhuth had argued that, unlike the urgent decision on the European rescue package, there was no danger of default in the financial crisis and the Federal Constitutional Court could therefore put the brakes on.

Publications (selection)

  • Relativity Theory of Public Law (Dissertation). Nomos, Baden-Baden 2000, ISBN 3-7890-6831-4 .
  • The Significance of the New Free Will Debate for Law . In: Juristentung 2005, pp. 745–753.
  • Freedom of expression in the system of the Basic Law (habilitation). Tübingen 2007, ISBN 978-3-16-149073-6 .
  • Weakening of democracy through independent multi-level systems. Globalization as an opportunity and a danger . In: Ivo Appel , Georg Hermes and Christoph Schönberger (eds.): Public law in the open state. Festschrift for Rainer Wahl on his seventieth birthday . Duncker and Humblot, Berlin 2011, ISBN 3-428-13382-X , pp. 723-740.
  • Defense of democracy against misguided finance . In: Martin Hochhuth (Ed.) Withdrawal of the state and freedom of the individual - the privatization of existential infrastructures . Duncker and Humblot, Berlin 2012, ISBN 978-3-428-13890-6 , pp. 271-299.

Web links

Individual evidence

  1. ^ Badische Zeitung of September 16, 2016
  2. ^ Badische Zeitung: Freiburg: constituency conference: SPD elects Julien Bender as candidate for federal election - . ( [accessed on November 14, 2016]). Ismael Hares (18 votes) and Ralf Müller (13 votes) were also candidates.
  4. Federal Constitutional Court, judgment of January 15, 1958, Az .: 1 BvR 400/51 = BVerfGE 7, 198 ff.
  5. ^ Conference report by Alexandra Kemmerer, FAZ of May 8, 2001, p. 54.
  6. Hochhuth (Ed.), Withdrawal of the State and Freedom of the Individual: The Privatization of Existential Infrastructures, Berlin 2012, ISBN 978-3-428-13890-6 ; The summary is available as a PDF at
  7. ^ Hochhuth: Military Federal Intervention in Domestic Terrorist Act , In: Neue Zeitschrift für Wehrrecht 2002, pp. 154ff. ( Digitized version ( memento from October 30, 2016 in the Internet Archive )); there also evidence of the opposing views; compare also Christoph Knödler, Bayerische Verwaltungsblätter 2002, p. 107 ff. (especially footnotes 3 and 4).
  8. Frankfurter Allgemeine Zeitung of October 1, 2001, No. 228, p. 1, with reference to the CDU chairwoman Merkel and the CSU chairwoman Stoiber
  9. compare to the demand of the social democratic Federal Defense Minister Peter Struck Frankfurter Allgemeine Zeitung of January 13, 2003, No. 10, p. 4, "Struck: Basic Law Change"; and Süddeutsche Zeitung of January 17, 2003, p. 5 "Controversial rescue shot from the on-board cannon. Chancellor Schröder and Defense Minister Struck are still divided on whether the constitution must be changed for a Bundeswehr deployment in Germany".
  10. Frankfurter Allgemeine Zeitung of June 17, 2002, pp. 1 and 2 with reference to the election campaign program of the CDU / CSU; and Frankfurter Allgemeine Zeitung of August 12, 2002, No. 185, p. 4 "CSU: Use the Bundeswehr inside".
  11. compare in: Hochhuth, NZWehrr 2002, p. 154 ff. (P. 162 ff.) ( Memento from January 19, 2012 in the Internet Archive ) (PDF; 634 kB) Chapter VI: "Immediate coercion against terrorists - and hostages ".
  12. Hochhuth, NZWehrr 2002, p. 154 ff. (P. 166) ( Memento from January 19, 2012 in the Internet Archive ) (PDF; 634 kB).
  13. Regional Court Cologne, judgment of 7 May 2012, Az: 151 Ns 169/11 - Regional Court Cologne full text (PDF; 68 kB)
  14. NJW Editorial, Issue 29/2012; see also the interview in the Jüdischen Allgemeine at:
  15. WDR 2 overview page with links to the interviews with Hochhuth and Kutschaty ( memento from July 17, 2012 in the Internet Archive ); directly to the interview with Hochhuth  ( page no longer available , search in web archivesInfo: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.@1@ 2Template: Dead Link /  
  16. sucht-einigung-beim-thema-beschneendung- id7080073.html
  17. Hamburger Abendblatt, September 5, 2012 ( online) ; of September 5, 2012 ( online) ; Frankfurter Rundschau from September 15, 2012 ( online) ; see also Bettina Vestring, Berlins Justice proves a sense of proportion (opinion), Frankfurter Rundschau from September 5, 2012 ( online)
  18. Gabriel: It's not about cramming something through ( memento of October 13, 2016 in the Internet Archive ), on