Wolf-Rüdiger Schenke

Wolf-Rüdiger Schenke (born October 25, 1941 in Breslau ) is a German teacher of constitutional law . He was full professor for public law at the University of Mannheim .

Life

Schenke studied law at the Eberhard Karls University of Tübingen and the University of Erlangen . During his studies he became a member of the Corps Franconia Tübingen . After receiving his doctorate in Erlangen in 1965 and his habilitation in 1974 at the Johannes Gutenberg University in Mainz , Schenke worked from 1975 as an associate professor at the Ruhr University in Bochum and from 1979 as a professor at the University of Mannheim . Since then, Schenke has held the chair for public law, in particular administrative law and administrative procedural law . In 2007 Schenke retired . He continues to teach as an emeritus.

Act

Schenke made a particular appearance in 1983 when he represented two of the members of the Bundestag who led an organ dispute against Federal President Karl Carstens before the Federal Constitutional Court because they classified the dissolution of the Bundestag ordered by him as a result of a vote of confidence by the then Chancellor Helmut Kohl as unconstitutional. His reasoning was not fully understood by the Federal Constitutional Court. As an expert on the matter, he represented Werner Schulz, Member of Alliance 90 / The Greens , in the organ dispute proceedings before the Federal Constitutional Court in July / August 2005 , who classified the dissolution of the Bundestag by Federal President Horst Köhler as unconstitutional. Here too, Schenke was unsuccessful.

Schenke became known in scientific circles for his writings on loyalty to the constitution (1977) and on the constitutional limits of the activities of the mediation committee (1984). Also known as standard works are his comments on Art. 19 Paragraph 4, Art. 58, 63 and 64 of the Basic Law in the Bonn Commentary and his commentary on the Administrative Court Code (“Kopp / Schenke”) in the 22nd edition as well as his books on administrative procedural law and on police and regulatory law in the focus series published by C. F. Müller. In his academic work, Schenke often takes a critical look at the case law of the higher courts, in particular the Federal Administrative Court. His scientifically sound criticism was often taken up by the courts and has led to a change in the established case law of the Federal Administrative Court several times. Particular mention should be made of the case law at the time relevant for the court decision in the event of a change in the factual and legal situation between the last decision by the authorities and the last oral hearing before the VG, as well as on the question of contesting ancillary provisions of an administrative act.

literature

• Peter Baumeister, Wolfgang Roth and Josef Ruthig (eds.): State, administration and legal protection. Festschrift for Wolf-Rüdiger Schenke on his 70th birthday (= publications on public law. Vol. 1196). Duncker & Humblot, Berlin 2011, ISBN 978-3-428-13468-7 .

Web links

• Literature by and about Wolf-Rüdiger Schenke in the catalog of the German National Library