Peter Häberle

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Peter Häberle (born May 13, 1934 in Göppingen ) is a German lawyer and emeritus professor of public law at the University of Bayreuth .

Life

education

Peter Häberle grew up as the son of the doctor of medicine Hugo Häberle and Ursula Häberle, née Riebensahm, in a musical family in Württemberg . After studying law in Tübingen, Bonn, Freiburg im Breisgau and Montpellier, he received his doctorate in 1961 under Konrad Hesse at the Albert Ludwig University of Freiburg . Häberle also worked as an assistant for Horst Ehmke .

Häberle's dissertation The essential content guarantee of Article 19, Paragraph 2 of the Basic Law - At the same time a contribution to the institutional understanding of fundamental rights and the doctrine of the reservation of the law (1962) received a lot of attention in constitutional law and was the subject of controversial debates. It was published in 1983 in a greatly expanded, third edition.

Act

After his habilitation in 1969 in Freiburg with the text Public Interest as a Legal Problem (1970, 2nd edition 2006), Häberle was appointed full professor in Marburg after a substitute for a chair in Tübingen . Appointments to Augsburg and Bayreuth followed , where he retired in 2002. In addition, Häberle was a permanent visiting professor for legal philosophy at the University of St. Gallen for twenty years .

Häberle later devoted his scientific work increasingly to comparative constitutional theory , which was understood as cultural studies ; his monographs Constitutional Theory as Cultural Studies and The Image of Man in the Constitutional State are also published several times.

His doctrine of comparative law as a "fifth method of interpretation " (also in foreign supreme court judicature, such as Liechtenstein) and of the " status activus processualis ", which obviously also influenced the first numerus clausus judgment of the Federal Constitutional Court , received a lot of attention . as well as the "parliamentary scrutiny" and "religious constitutional law".

The legal scholar is considered a pioneer of international cooperation, also because of his cultural studies approach, which he developed in 1982 and which was adopted by the Argentine Supreme Court in the judgment of October 29, 2013. For example, on the basis of his scientific work in Poland and Estonia, he accompanied the parliamentary deliberations in the development of the new constitutions and, in February 1998, acted as an academic adviser at the invitation of the Constitutional Court of Ukraine.

Peter Häberle's long-term influence on legal discourse is particularly evident in the way he coined many terms, e.g. B. "Fundamental rights policy" (1971), "Parliamentary reservation" (1974), "Religious constitutional law" (1976), "Status activus processualis" (1971) and "Constitutional culture" (1982).

His importance for German public law is also expressed in his work as an editor of the Yearbook of Contemporary Public Law (since 1983), which he continued after his retirement until 2014 .

As a student of Konrad Hesse , Peter Häberle also follows the tradition of the Smend School , to which he clearly professes in his basic theoretical work, at the same time also to Hermann Heller .

In addition to a German one, he was also offered a (second) international commemorative publication on his 70th birthday . In Brazil in particular, many creations of terms from Peter Häberle are adopted both in the literature and in the case law of the Supreme Federal Court of Justice ( Supremo Tribunal Federal ), such as the "Doctrine of the Open Society of Constitutional Interpreters" (1975), the "understanding of constitutional procedural law as the right to participation ”(1976) and the“ Paradigm of the Cooperative Constitutional State ”(1978).

Scientific criticism

In particular Häberle Theses on the fundamental right dogmatik often violent opposition found; some of them are viewed by German lawyers as too social science; on the other hand, they have also resulted in Häberle enjoying a very high reputation in the Latin American region. Häberle's theses sparked a lively discussion.

Häberle deepened his fundamental rights dogmatic theses in the context of his presentation on fundamental rights in the benefit state at the constitutional law teachers' conference in Regensburg in 1971 . Here, too, he was accused of neglecting the defense law side of fundamental rights too much.

Guttenberg plagiarism affair

Peter Häberle supervised the dissertation of the CSU politician Karl-Theodor zu Guttenberg at the University of Bayreuth as a doctoral supervisor from around 2000 to 2007, thus beyond his retirement in 2002 . The work entitled Constitution and Constitutional Treaty. Constitutional stages of development in the USA and the EU were accepted by the law and economics faculty of the university in 2006 and awarded the top grade “ summa cum laude ” in early 2007 . The second reviewer was Rudolf Streinz . In February 2011 Guttenberg's dissertation came under public criticism , triggered by allegations of plagiarism by the Bremen constitutional law professor Andreas Fischer-Lescano .

Häberle, who had been informed by Fischer-Lescano before the first publication, rejected the allegations that the doctoral thesis was plagiarism in a first statement as "absurd". He had carefully checked the work in numerous consultations. In connection with a high level of media attention, further allegations arose and the "Guttenberg plagiarism affair" triggered a political affair in Germany, which the German Bundestag dealt with on February 23, 2011. After the University of Bayreuth found significant violations of the scientific obligations to identify sources and quotations , Guttenberg's doctorate was revoked on February 23, 2011.

In a statement that became known on February 28, 2011, Häberle described the deficiencies in Guttenberg's dissertation as "serious and unacceptable". They contradict what he "tried to exemplify and also tried to convey to [...] [s] a doctoral student"; the revocation of the doctorate was a "necessary consequence". In his first and “ultimately too hasty reaction” he “could not foresee the extent without detailed knowledge of the specific allegations”.

On March 9, 2011 it was submitted that zu Guttenberg had plagiarized his doctoral supervisor in 29 cases, but only references from footnotes . Therefore, Häberle was reproached that he should have recognized the copy here in any case.

Häberle was heard by the “Self-Control in Science” commission at the University of Bayreuth, which investigated the suspicion of plagiarism. The commission assessed Häberle's report as “solidly drawn up and inherently plausible”. The reviewers could “not be expected to 'supervise' the doctoral candidate”, so that they do not share responsibility for scientific misconduct. They too were deceived. However, for the commission "it is not possible to recognize which are the salient theses or the particular results of the work, for which the award of the highest grade appeared to be justified."

Other engagement

Häberle is a member of the influential Association of German Constitutional Law Teachers . In the past, he repeatedly campaigned decisively for the acceptance of liberal and left-wing candidates.

honors and awards

In 1994 Peter Häberle received an honorary doctorate from the Faculty of Law at the Aristotle University of Thessaloniki , followed by the respective faculties of the University of Granada and the Catholic University of Lima in 2000 and 2003, the University of Brasília in 2005 , the University of Lisbon in 2007 and the University of Tbilisi and the University in 2009 Buenos Aires .

Häberle is a Grand Officer of the Italian Republic and was awarded medals of honor by the constitutional courts in Rome and Lima. He has been a full member of the Bavarian Academy of Sciences since 1998 and a corresponding member of the Heidelberg Academy of Sciences since 1996 . In 2007 he became a member of the National Academy of Law and Social Sciences Argentina . In 1992/1993 he was a fellow at the Wissenschaftskolleg zu Berlin .

In 1997 he received the Cross of Merit on Ribbon of the Order of Merit of the Federal Republic of Germany , and in 1998 the Max Planck Research Award .

On July 11, 2007, he was awarded the Bavarian Order of Merit by the Bavarian Prime Minister Edmund Stoiber . In 2009 he received the Cross of Honor from the Roman University of La Sapienza and in 2010 was awarded the Cross of Honor for Science and Art, 1st Class, by the Austrian President .

The University of Granada named a legal institute after Häberle in 2010 , as did the University of Brasília in 2011.

In 2011, Peter Häberle was awarded the highest level of Cruzeiro do Sul by the Brazilian Foreign Minister in Brasília . He was also unanimously elected to the Italian constitutional law teachers' association in 2011 in a secret ballot as the first foreign constitutional law teacher.

For its 80th birthday, the University of Lisbon organized an international colloquium in 2014, the University of La Sapienza in Rome (2013) and the University of Montpellier (2013). In 2014 he was awarded the international “Héctor Fix-Zamudo Prize” by the University of Mexico City for outstanding legal achievements and the Medal of Honor from the University of Lisbon.

Fonts (excerpt)

  • Fundamental rights in the benefit state . In: VVDStRL , Volume 30, 1972, p. 43 ff.
  • The open society of constitutional interpreters . In: JZ . 1975, p. 297 ff.
  • European legal culture. Attempt to approach in twelve steps. 1st edition, Baden-Baden 1994.
  • Annotated constitutional jurisprudence. Athenaeum, Königstein 1979.
  • Cultural policy in the city - a constitutional mandate . Decker & Müller, Heidelberg 1979.
  • The constitution of pluralism. Studies on the Constitutional Theory of the Open Society , 1980.
  • Classic texts in constitutional life , 1981. Translation into Portuguese 2016.
  • Educational goals and guidelines in the constitutional state , 1981.
  • Reviewed constitutional law , 1982.
  • The Basic Law of the Letters , 1983.
  • The essential content guarantee of Article 19 (2) of the Basic Law - At the same time a contribution to the institutional understanding of fundamental rights and to the teaching of the reservation of the law. 3rd edition, CF Müller, Heidelberg 1983.
  • Public interest as a legal problem. 1970, 2nd edition 2006.
  • Common European constitutional law. EuGRZ 1991, p. 261 ff.
  • Comparative law in the force field of the constitutional state - methods and content, small states and developing countries , 1992.
  • European legal culture , 1994.
  • European Constitutional Doctrine in Individual Studies , 1999.
  • The principle of subsidiarity from the point of view of comparative constitutional theory . In: AöR , 119, 1994, pp. 169-206.
  • Truth problems in the constitutional state . 1995. Translations into Japanese, Italian, Spanish and Portuguese.
  • Constitutional theory as cultural studies . 2nd edition, Duncker and Humblot, 1998. Partly translated into Spanish ( Teoría de la Constitutión como ciencia de la cultura , 2000), Italian ( Per una dottrina della costituzione come scienza della cultura , 2001) and Japanese (in: Kobe Law Journal . Vol. 50, No. 4, March 2001).
  • Constitution as a public process. SöR Volume 353, Duncker and Humblot, 1978, 3rd edition, Berlin 1998.
  • Is there a European public ? 2000.
  • Small fonts . Edited by W. Graf Vitzthum , 2002.
  • Pluralismo y constitucion. Estudios de teoriá constitucional de la sociedad abierta. Tecnos-Verlag, Madrid 2002, 2nd edition 2013.
  • L'Etat Constitutionnel . Paris 2004.
  • El Estado constitucional . Buenos Aires 2007.
  • Nueve Ensayos Constitucionales y una Lección Jubilar . Lima 2004.
  • Conversaciones Académicas con Peter Häberle . D. Valadés (Ed.), UNAM, Mexico City, 2006 (2nd, expanded edition 2017; translation into Portuguese, Brasília 2008).
  • European constitutional theory . 7th edition, Nomos, Baden-Baden 2011.
  • The image of man in the constitutional state. 4th edition, Duncker and Humblot, Berlin 2008.
  • Sunday as a constitutional principle. 2nd edition, 2006.
  • Estado Constitucional Cooperativo. São Paulo 2007.
  • National anthems as a cultural identity element of the constitutional state. Duncker and Humblot, Berlin 2007, 2nd edition 2013.
  • National flags: citizen democratic identity elements and international identification symbols. Duncker and Humblot, Berlin 2008.
  • Constitução e cultura, O Direito ao Feriado… Lumen Juris, Rio de Janeiro 2008.
  • Constitutional comparison in terms of European and cosmopolitan intent. Duncker and Humblot, Berlin 2009.
  • Educational letters to a young constitutional lawyer. Mohr Siebeck, Tübingen 2010.
  • European constitutional theory. Adults and adults 7th edition, Nomos, Baden-Baden 2011.
  • Culture of remembrance in the constitutional state. Duncker and Humblot, 2011.
  • Music and “Law” - on the forum of constitutional theory as cultural studies. JöR 60 (2012), p. 205.
  • The Chinese Charter 08 - at the Forum of Constitutional Doctrine as Cultural Studies. JöR 60 (2012), p. 329.
  • The “Arab Spring” (2011) - in the horizons of constitutional theory as cultural studies. JöR 60 (2012), p. 605.
  • Cartas pedagogicas a un joven constitucionalista. Comp. N. Bernal Cano (European Research Center of Comparative Law), Bissendorf 2013. 2nd edition 2014.
  • The cooperative constitutional state - from culture and as culture, preliminary studies for a universal constitutional doctrine. Duncker and Humblot, Berlin 2013 (keyword: “In the context of the partial constitutions of international law”).
  • Constitutional Jurisdiction - Constitutional Procedure Law , 2014 (Japanese translation: Constitutional Jurisdiction in Pluralism, Tokyo 2014).
  • Individual and social responsibility. Commentary on Art. 6 of the Swiss Federal Constitution, 2014, 3rd edition.
  • Comparative Constitutional Theory and Constitutional Practice. Final writings and conversations. Duncker and Humblot Berlin, 2016.
  • Five crises in the EU-Europe - Worldwide implications, possibilities and limits of constitutional theory for Europe. AVR 2015, Vol. 53 (4), p. 409.
  • European constitutional theory (together with M. Kotzur). 8th edition, Nomos, Baden-Baden 2016.
  • “The culture of peace” - theme of the universal constitutional doctrine - or: the principle of peace. Duncker and Humblot, Berlin 2017.
  • An African constitution and reader - with comparative commentary. Duncker and Humblot, Berlin 2018.

literature

  • Martin Morlok : Peter Häberle on his 70th birthday . In: Archives of Public Law . Volume 129, year 2004, p. 327 ff.
  • Alexander Blankenagel , Ingolf Pernice , Helmuth Schulze-Fielitz u. a .: Constitution in the discourse of the world . Liber Amicorum for Peter Häberle on his seventieth birthday. Tuebingen 2004.
  • Francisco Balaguer Callejón (ed.): Derecho Constitucional y Cultura, Estudios en Homenaje a Peter Häberle , Madrid 2004.
  • FF Segado: Presentación . In P. Häberle: La Garantía del contenido esencial… . Dykinson, Madrid 2003, pp. XIII-LXI.
  • AA Cervati: Il diritto costituzionale tra metodo comparativo… . In P. Häberle: Lo Stato costituzionale . Enciclopedia Italiana Treccani, Rome 2005, pp. 295-322.
  • B. Ehrenzeller u. a. (Ed.): Prejudice and Language . First colloquium of the Peter Häberle Foundation at the University of St. Gallen, Zurich / St. Gallen 2008.
  • Emilio Franco Mikunda: Filosofía y Teoría del derecho en Peter Häberle . Dykinson-Constitucional, Madrid 2009.
  • Second Spanish festival for the 75th birthday in: Revista De Derecho Constitucional Europeo: Part I Num. 11 . Enero-junio de 2009 . Granada 2009, with laudation by P.Ridola, p. 389 ff; Part II año 6, Número 12, julio-diciembre de 2009.
  • International congress in honor of P. Häberle's 75th birthday in Granada (report), in: JZ 2009, p. 1161 f., Further report in: DÖV 2010, p. 80 ff.
  • Gilmar Mendes: The Influence of the Basic Law on the Brazilian Constitution of 1988 , in JöR Volume 58, pp. 95 ff., Especially The Influence of Peter Häberle's Teaching on Brazilian Constitutional Law , pp. 111–116.
  • Excerpt from ZPol Jerzy Maćków: Authoritarianism in Central and Eastern Europe ( Memento of January 24, 2010 in the Internet Archive ), review of the comparison of the constitution with European and cosmopolitan intent , 2009 of April 13, 2010 (online): “Häberle's influence can hardly be overestimated Its immense importance in the European and international context is not inferior to German constitutional law. Long before the internationalization of law became a legal fashion topic, he was already concerned with fundamental questions of (constitutional) law as a cultural-scientific research subject that transcended national borders and with the related methodological questions of comparative law. How big the subject area is, is impressively shown by the anthology, which contains both already published and first published amounts. [...] The ample income from reading this still extremely productive lawyer gives hope that the 'late writings' will be followed by numerous 'later' ones. "
  • Igor Ramos Rosa: Peter Häberle ea hermenêutica constitucional no Supremo Tribunal Federal . Sergio Antonio Fabris Eb., Porto Alegre 2012.
  • Alexander Blankenagel (Ed.): Thinking about the constitutional state , A birthday gift (for P. Häberle), Berlin, 2014.
  • R. Chr. Van Ooyen: Peter Häberle, the Wiener-Weimarer Staatsklassik and the open society of European constitutional culture , law and politics 2/2014, p. 99 ff.
  • L. Michael: Birthday sheet for the 80th birthday of Peter Häberle , JZ 10/2014, p. 507 f.
  • M. Kotzur: Congratulations. Peter Häberle on his 80th birthday. , AöR, Volume 139, Issue 2, June 2014, pp. 287–291.
  • A. Voßkuhle, T. Wischmeyer, The lawyer in context. Peter Häberle on his 80th birthday , JöR 63 (2015), pp. 401–428.
  • R. Chr. Van Ooyen, MHW Möllers (Hrsg.): Constitutional culture, state, Europe and pluralistic society with Peter Häberle. Baden-Baden 2016.
  • Dossier Peter Häberle, in: REI, 2016, Vol. 2, Issue 1. With contributions by G. Mendes, u. a.
  • Jorge Luis León Vásquez: Constitutional jurisdiction, constitutional procedural law and pluralism - At the same time a contribution to Peter Häberle's theory of constitutional jurisdiction as a social function and of constitutional procedural law as a right of pluralism and participation. SÖR, Volume 1331, Berlin 2016.

Web links

Individual evidence

  1. ↑ Flyer for the book National Anthem as Cultural Identity Elements of the Constitutional State , Duncker & Humblot, Berlin.
  2. ↑ Preface . In: Alexander Blankennagel u. a. (Ed.): Constitution in the discourse of the world. Liber Amicorum for Peter Häberle on his seventieth birthday . Tübingen 2004, ISBN 3-16-148361-8 . Cf. Francisco Balaguer Callejón: Derecho constitucional y cultura . Madrid 2004, pp. 17-20.
  3. ↑ Peter Häberle: Validity of Fundamental Rights and Interpretation of Fundamental Rights in the Constitutional State - Simultaneously to comparative law as a “fifth” interpretation method , JuristenZeitung (JZ) 1989, p. 913 ff .; confirmed in dems .: Interactions between German and foreign constitutions , in: Detlef Merten , Hans-Jürgen Papier (Hrsg.): Handbuch der Grundrechte in Deutschland und Europa, Volume I: Developments and Basics. Heidelberg 2003, § 7 Rn. 26th
  4. ↑ cit. in: EA Kramer: Legal methodology. 4th edition. 2013, p. 266, fn. 868.
  5. ^ E. Friesenhahn: Juristentag speech , 1972 in Düsseldorf; L. Michael, M. Morlok: Fundamental rights . Nomos 2008, pp. 32, 39, 402.
  6. ↑ - ( Memento of the original from April 21, 2015 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. s. P. 192. @1@ 2Template: Webachiv / IABot / www.csjn.gov.ar
  7. ↑ Appreciation by K. Hesse in Martin Morlok (Ed.): Die Welt des Verfassungsstaates . Baden-Baden 2001, p. 11; T. Fleiner in the same. (Ed.): The multicultural and multi-ethnic society. Friborg 1995, pp. IX-XII; D. Valadés, in P. Häberle: El Estado constitucional . Depalma, Buenos Aires, 2007, pp. 1-79.
  8. ^ R. Caiado Amaral, P. Häberle ea: Hermenêutica Constitucional, 2004; K. Krukowski: Supremo Corte Tribunal and Constitutional Procedure Law in Brazil, 2011, p. 121; G. Mendes in JöR 58 (2010), p. 95 (111 ff.).
  9. ↑ Peter Häberle: The essential content guarantee of Article 19, Paragraph 2 of the Basic Law , 3rd edition, Heidelberg 1983; with proof of review on the back of the cover sheet and on pp. VI – XI; Italian translation 1993; Spanish translation in Lima 1997, in Madrid 2003.
  10. ↑ a b Heribert Prantl : Constitutional Amendment - In stormy times, the legal scholar Peter Häberle always sat down at his beloved wing to collect himself. Since his doctoral student Karl Theodor zu Gutenberg deceived him, the professor has stopped playing a note. A visit to Bayreuth. In: Süddeutsche Zeitung , Saturday / Sunday, 9./10. April 2011, p. 3.
  11. ^ Andreas Fischer-Lescano: Karl-Theodor Frhr. zu Guttenberg, Constitution and Constitutional Treaty. Constitutional stages of development in the USA and the EU. In: Kritische Justiz , issue 1/2011, ISSN  0023-4834 , pp. 112–119 (PDF; 169 kB).
  12. ^ Roland Preuss, Tanjev Schultz: Plagiarism allegation against Defense Minister. Guttenberg is said to have written off his doctoral thesis. In: Süddeutsche Zeitung of February 16, 2011, accessed on February 25, 2011.
  13. ↑ Plagiarism affair: "I didn't want to believe it" - A conversation with the lawyer Andreas Fischer-Lescano, who exposed zu Guttenberg. Die Zeit, No. 9 from February 24, 2011.
  14. ↑ Peter Häberle: “That is absurd. The work is not plagiarism. ”Quoted from: Guttenberg: Did he write off his doctoral thesis? In: Abendzeitung from February 16, 2011, accessed on February 25, 2011.
  15. ↑ Peter Häberle: “The accusation is absurd. The work is not plagiarism. It was checked in detail by me in numerous consultations. Mr. zu Guttenberg was one of my best seminarians and doctoral students. ”Quoted from: On Guttenberg's doctoral thesis: Summa cum laude? In: Frankfurter Allgemeine Zeitung of February 16, 2011, accessed on February 25, 2011.
  16. ↑ See Guttenberg's plagiarism affair . Dossier on: Spiegel Online , accessed on February 25, 2011.
  17. ↑ Plenary minutes 17/92 (February 23, 2011): Plagiarism allegations in connection with the dissertation of the Federal Minister of Defense ( Memento of March 4, 2011 in the Internet Archive )
  18. ↑ Häberle's declaration on the University of Bayreuth website (PDF). (PDF) Archived from the original on March 3, 2011 ; Retrieved July 3, 2013 .
  19. ↑ (otr): Plagiarism affair: doctoral supervisor turns away from Guttenberg , Spiegel Online from February 28, 2011; Retrieved February 28, 2011.
  20. ↑ Plagiarism affair: Guttenberg is said to have copied from the doctoral supervisor , Spiegel Online from March 9, 2011.
  21. ↑ t-online.de
  22. ↑ Focus Online
  23. ↑ Berliner Morgenpost
  24. ^ Commission "Self-regulation in science" of the University of Bayreuth: Report to the university management of the University of Bayreuth on the occasion of the investigation into the suspicion of scientific misconduct by Karl-Theodor Freiherr zu Guttenberg (PDF). (PDF) May 5, 2011, archived from the original on July 28, 2011 ; Retrieved July 3, 2013 .
  25. ↑ University of Bayreuth: News from the University (PDF; 6.5 MB) No. 6 (2007), p. 5.
  26. ↑ Centro de Investigación de Derecho Constitucional “Peter Häberle”
  27. ↑ SZ of July 25, 2011, p. 32; sueddeutsche.de : Häberle, hero of Brazil ( Memento from April 10, 2014 in the Internet Archive ).
personal data
SURNAME Häberle, Peter
BRIEF DESCRIPTION German constitutional law teacher
DATE OF BIRTH May 13, 1934
PLACE OF BIRTH Goeppingen