Interaction theory

from Wikipedia, the free encyclopedia

The interaction theory , also known as interaction theory, is a special form of the principle of proportionality .

meaning

The interaction theory states that laws that fundamental rights are limited turn this basic right in light of the importance construed to be limited and even back to their fundamental right limiting effect.

The theory of interaction is of its own importance in connection with the freedom of expression guaranteed in Article 5, Paragraph 1 of the Basic Law .

Even where the constitution allows the restriction of a fundamental right by law, in the opinion of the Federal Constitutional Court in the Lüth judgment it makes the additional requirement of this law and its interpretation to keep an eye on the fundamental right guarantee in favor of the individual. The "general laws" within the meaning of Article 5 (2) of the Basic Law would have to be interpreted in the light of the special importance of the fundamental right of freedom of expression for the free democratic state. The theory of interaction sets a limit to the restriction of a basic right ( limit-limit ).

The application of the theory of interaction means that only those regulations are proportionate that establish an appropriate relationship between the importance of freedom of expression on the one hand and the rank of the legal interest impaired by the expression of opinion that aims to protect ordinary law on the other.

The term "rocking theory" is known as a derisive term for the theory of interaction.

The application of the theory of interaction has been criticized in the literature because it gives the court too much leeway for independent argumentation and strengthens freedom of expression at the expense of the protection of honor.

See also

literature

  • Dieter Grimm : Freedom of expression in the case law of the Federal Constitutional Court. NJW 1995, p. 1697 ff.
  • Thomas Möller: The fundamental rights protection area of ​​freedom of expression in Germany, England and the USA. Nomos-Verlag, 2016. ISBN 978-3-8487-3156-5

Web links

Individual evidence

  1. ↑ Alexander Proelß : The fundamental right of freedom of expression (Art. 5 I 1, II GG) January 11, 2010, 5th barriers to freedom of expression (I), p. 12
  2. ↑ Volker Epping : Grundrechte , 6th edition. 2014, Rn. 249 ff.
  3. ↑ BVerfG, judgment of January 15, 1958 - Az. 1 BvR 400/51 = BVerfGE 7, 198. Principle 5
  4. ↑ Mike Wienbracke: Introduction to Fundamental Rights. With a focus on business law and the law of constitutional complaints. Springer Gabler 2013, no. 395
  5. ^ Jörn Ipsen : Staatsrecht II. Grundrechte. Munich, 20th edition 2017, para. 488
  6. ↑ Gerrit Manssen : Staatsrecht II. Grundrechte. Munich, 14th edition 2017, para. 393
  7. ↑ Katja Stamm: The Federal Constitutional Court and Freedom of Expression May 26, 2002