Barrier triad
The barriers Trias is the name of three legal barriers , which the Basic Law for the right to the free development of the personality and thus both the general freedom of action and for the general right to privacy in Art. 2 sets para. 1 GG.
The three barriers are
- the constitutional order ,
- the rights of others and
- the moral law .
In addition to the “constitutional order”, the moral law and the rights of others have hardly acquired any meaning of their own, since they are too indefinite ( moral law ) or are only derived from the constitutional order ( rights of others ).
A triad of barriers is also subject to other basic rights , such as those mentioned in Article 5 (1) of the Basic Law ( freedom of expression , freedom of the press , freedom of information ). There the three barriers in Article 5, Paragraph 2 of the Basic Law are listed: The general laws , the laws for the protection of young people and the right to personal honor.
See also
literature
- Jörn Ipsen : Staatsrecht II: Grundrechte , 6th edition, Luchterhand, Neuwied 2003, Rn. 733 to 743.
- Bodo Pieroth / Bernhard Schlink : Staatsrecht II: Grundrechte , 24th edition, CF Müller, Heidelberg 2006, Rn. 367 to 427.
- Heinrich Wilms : Constitutional Law II. Fundamental Rights , Kohlhammer, Stuttgart 2010, Rn. 401 ff.
