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Thomas Giegerich, Desirée C. Schmitt, Sebastian Zeitzmann - Flexibility in the EU and Beyond

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Thomas Giegerich (ed.), Desirée C. Schmitt (ed.), Sebastian Zeitzmann (ed.)

Flexibility in the EU and Beyond

Series: Schriften des Europa-Instituts der Universität des Saarlandes - Rechtswissenschaft

Volume 104 2017

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Hermann-Josef Blanke What Does the German Basic Law Say on Flexible Integration? S. 361-380

„… 361 What Does the German Basic Law Say on Flexible Integration? Hermann-Josef Blanke1 A …” „… the Basic Law The German Federal Constitutional Court’s (FCC) judgment on the Lisbon Treaty requires …” „… , 121. What Does the German Basic Law Say on Flexible Integration? 363 entitled”7. In compliance with …”

List of Abbreviations S. 11-14

„… Tariffs and Trade GDP Gross Domestic Product GG Grundgesetz (German Basic Law) GPA Agreement on …” „… (Freedom Committee South Tyrol) BL Basic Law (Grundgesetz für die Bundesrepublik Deutschland) BLEU / UEBL …” „… BVerfG Bundesverfassungsgericht (German Federal Constitutional Court) BVerfGE Bundesverfassungsgericht …”

Sebastian Zeitzmann A Rather Strange Animal, this “Enhanced Cooperation” – May it Serve as King of the European Zoonion? or: Is Enhanced Cooperation Anywhere Near a Constitutional Principle? S. 87-106

„… formally, differences in constitutions such as the German Basic Law do indeed exist, see Grimm, Europas …” „… complex than what we find in the German Basic Law. Art. 20 of this law is the legal basis for the …” „… already on the level of law-making. The limitation of the geographical scope is not provided for in …”

Thomas Giegerich How to Reconcile the Forces of Enlargement and Consolidation in “an Ever Closer Union” S. 15-58

„… /the-final-ukeu-renegotiation-deallegal.html (both last accessed on 08/06/2016). 129 Under the German Basic Law, the Federal Chancellor can …” „… and 15th Amendments (the so-called Civil War Amendments) in 1865, 1868 and 1870. The German Basic …” „… Einheit Deutschlands), BGBl. II (German Federal Law Gazette Part II), p. 889. 69 Treaty on the Final …”

Titelei/Inhaltsverzeichnis S. 1-10

„… Integration in Southeast Asia 349 Clara Portela What Does the German Basic Law Say on Flexible Integration …” „… in writing from the publishers. Under § 54 of the German Copyright Law where copies are made for …” „… memberships. The book includes contributions from many different angles – law, political science, history …”

Sebastian Graf von Kielmansegg The Common Foreign and Security Policy – A Pool of Flexibility Models S. 139-160

„… law-making. Foreign policy, by contrast, is by its very nature highly situational and based on short-term …” „… procedures of the Union. This is a cross-sectional instrument of EU law, which is, in principle, applicable …” „… of Amsterdam, the ____________________ 1 Chair for Public Law and Medical Law; Director of the …”

Jo Leinen / Fabian The Limits of Differentiated Integration in the EU and the Way Forward S. 461-478

„… Treaty in 1997. The Maastricht Treaty also provided the first opt-outs in the EU’s primary law for …” „… Convention under international law but otherwise has a complete opt-out from JHA. If a measure aims at …” „… national law, which then constitutes an obligation under international law for Denmark.16 II …”

doi.org/10.5771/9783845277714

Johannes Caspar, Jörg Luy - Tierschutz bei der religiösen Schlachtung / Animal Welfare at Religious Slaughter

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Johannes Caspar (ed.), Jörg Luy (ed.)

Tierschutz bei der religiösen Schlachtung / Animal Welfare at Religious Slaughter

Series: Das Recht der Tiere und der Landwirtschaft

Volume 6 2010

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Peter Unruh On the balancing of freedom of religion and animal welfare under the Basic Law (German Constitution) S. 266-267

„… Basic Law (German Constitution)1 (Abstract – full text only in German) In socio-political discourse …” „… freedom of religion, which is a human right guaranteed by Article 4 (1) and (2) of the German Basic Law …” „… criterion for an answer to this question is the system of fundamental rights in the Basic Law, taking …”

Kristin Koepernik, Johannes Caspar DIALREL Ethics Workshop 2: Judicial evaluation of the German dilemma: Freedom of Religion & Animal Welfare as constitutional mandates S. 210-220

„… , a tension that has existed in Germany since the amendment of the Basic Law (Grundgesetz, German …” „… religion, its scope of protection and its limits in international law, European law and domestic German law …” „… . She established that the protection of basic rights by the case law of the European Court of Human …”

Hans-Georg Kluge Setting of »animal allocation quotas« for religious slaughter without prior stunning – Effects of an exemption with quantitative limitation to the market demand: Short Status report about the German legal practice, updated in August 2009 S. 234-238

„… Germany The title of my talk suggests that in current German law, if animals are killed without being …” „… unfortunately, in practice, German administrative authorities do not comply with this law, and this is despite …” „… Grundgesetz (GG, Basic Law).« So in this district, a butcher who is not of the Muslim faith is given …”

Michael W. Schroeter The German state goal of animal protection (Staatsziel Tierschutz) S. 264

„… , improvements regarding the effectiveness of the German Law on Animal Welfare can be named, although not all …” „… 264 Appendix 13 Michael W. Schröter The German state goal of animal protection (Staatsziel …” „… Tierschutz)1 (Abstract – full text only in German) The implementation of the state goal animal protection …”

Titelei/Inhaltsverzeichnis S. 1-8

„… and animal welfare under the Basic Law (German Constitution) 266 Glossary 268 Authors 270 …” „… its protection by European and German law 255 Heike Baranzke The Animal as a Subject of its own …” „… Ethics Workshop 2: Judicial evaluation of the German dilemma: Freedom of Religion & Animal Welfare as …”

Ute Mager The freedom to manifest one’s religion and its protection by European and German law S. 255-259

„… and German law1 (Abstract – full text only in German)2 The essay analyses international …” „… . 10 I, 52 I Charter of Fundamental Rights of the European Union Art. 4 GG (Basic Law for the …” „… ), in European Union Law (Art. 6 [2] Treaty on European Union, Art. 10 Charter of Fundamental Rights of …”

doi.org/10.5771/9783845221120

Federal Constitutional Court - Decisions of the Bundesverfassungsgericht - Federal Constitutional Court - Federal Republic of Germany

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Federal Constitutional Court (ed.)

Decisions of the Bundesverfassungsgericht - Federal Constitutional Court - Federal Republic of Germany

2013

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BVerfGE 31, 58 Order of the First Senate of 4 May 1971 – 1 BvR 636/68 “Spaniard case” Validity of fundamental rights (here: Article 6.1 of the Basic Law) for German international private law; freedom of marriage (act of marriage between a Spanish man and a German woman divorced by a German court) S. 100-121

„… Article 6.1 of the Basic Law for German authorities and courts to refuse to permit the act of marriage …” „… Basic Law. By contrast, the application of foreign law invoked on account of the German conflict rule …” „… area of application of the Basic Law vis-à-vis the foreign state or the forced imposition of German …”

BVerfGE 80, 81 Order of the Second Senate of 18 April 1989 – 2 BvR 1169/84 “Case concerning the adoption of an adult foreigner” Right of residence of an adult foreigner adopted by a German S. 301-310

„… who is adopted by a German may invoke the protective effect exerted by Article 6.1 of the Basic Law …” „… established, as guaranteed by Article 6.1 of the Basic Law (Grundgesetz – GG), does not as a rule give rise to …” „… does not give rise to acquisition of nationality in accordance with German nationality law. The …”

BVerfGE 111, 307 Order of the Second Senate of 14 October 2004 – 2 BvR 1481/04 “Görgülü I case” Obligation to take into account the European Convention on Human Rights and the decisions of the European Court of Human Rights, and the limits of such obligation, in the context of the principle that the judge is bound by statute and law (Article 20.3 of the Basic Law) S. 694-713

„… review in the German legal system (see Article 93.1 no. 4a of the Basic Law, § 90.1 of the Federal …” „… German public authority is committed to international cooperation (Article 24 of the Basic Law) and to …” „… Basic Law). In this complex of norms, the German constitution, as is also shown by its preamble, aims to …”

BVerfGE 23, 258 Order of the First Senate of 7 May 1968 – 1 BvR 133/67 “Duty to promote families case” Decision on the duty of the state to promote families S. 45-50

„… violation of Article 3.1 of the Basic Law can be found in the fact that Germans with children who have their …” „… (Federal Law Gazette (Bundesgesetzblatt – BGBl.) I p. 841 –) did not violate the Basic Law (Grundgesetz …” „… compatible with Article 3.1 of the Basic Law. According to the Federal Social Court, it is constitutionally …”

BVerfGE 51, 386 Order of the First Senate of 18 July 1979 – 1 BvR 650/77 “Expulsion case” Expulsion of a foreign national convicted of a criminal offence who is married to a German woman and has a legitimate child with her S. 127-137

„… Basic Law. The German parent’s constitutionally protected interest in the family unit and in the joint …” „… only be for five years and short visits would be possible. However, Article 6.1 of the Basic Law …” „… Article 11 of the Basic Law. She argues: 131 If she follows her husband to Turkey with their child, the …”

Titelei/Inhaltsverzeichnis

„… : Article 6.1 of the Basic Law) for German international private law; freedom of marriage (act of marriage …” „… German constitutional case-law. According to Article 6.1 of the Basic Law for the Federal Republic of …” „… storage in data banks. Under § 54 of the German Copyright Law where copies are made for other than …”

Appendix The Basic Law for the Federal Republic of Germany S. 852-936

„… Europe, the German people, in the exercise of their constituent power, have adopted this Basic Law …” „… self-determination. This Basic Law thus applies to the entire German people. I. Basic Rights [Human dignity – Human …” „… German people, promote their welfare, protect them from harm, uphold and defend the Basic Law and the …”

BVerfGE 10, 59 Judgment of the First Senate of 29 July 1959 – 1 BvR 205, 332, 333, 367/58, 1 BvL 27, 100/58 “Case concerning parental power” Decision regarding the equality of the mother and the father (father’s final decision) S. 20-39

„… Article 3.2 and Article 6.2 of the Basic Law (Grundgesetz – GG). They take the view that their status as …” „… mothers as guaranteed by the aforesaid provisions of the Basic Law is violated by the Civil Code. II. The …” „… applications submitted by the Local Courts of Cologne and Bensberg under Article 100.1 of the Basic Law are …”

BVerfGE 76, 1 Order of the Second Senate of 12 May 1987 – 2 BvR 1226/83, 101, 313/84 “Entry of aliens to join family members living in the Federal Republic” Waiting periods for the entry of aliens (Turkish and Yugoslavian nationals) to join family members living in the Federal Republic of Germany S. 245-286

„… fundamental right in Article 6.1 of the Basic Law is interfered with when an alien, married to a German …” „… , of the Basic Law establishes a fundamental right allowing foreign spouses or family members to claim …” „… Basic Law that in deciding on a request for residency under § 2.1, second sentence, of the Aliens Act …”

BVerfGE 103, 242 Judgment of the First Senate of 3 April 2001 – 1 BvR 1629/94 “Long-term care insurance case” Long-term care insurance contributions for childcaring and child-raising members of social longterm care insurance S. 491-514

„… : It is not compatible with Article 3.1 in conjunction with Article 6.1 of the Basic Law (Grundgesetz …” „… conjunction with Article 6.1 of the Basic Law insofar as members of social longterm care insurance who care …” „… concerning him. They are alleged to violate Article 2, 3 and 6 of the Basic Law, as well as the principle of …”

BVerfGE 121, 69 Judgment of the First Senate of 1 April 2008 – 1 BvR 1620/04 “Parental duty of contact case” Decision regarding the compulsory enforcement of an adjudged duty of contact pursuant to § 1684.1 of the Civil Code S. 804-825

„… the translation published in: Jürgen Bröhmer & Clauspeter Hill (Eds.), 60 Years German Basic Law: The …” „… help so that it can develop into a responsible member of society in keeping with the Basic Law’s image …” „… Basic Law (Grundgesetz – GG) is not owed exclusively to the state but also to the child. The child’s …”

Index S. 937-956

„… , 762-763, 765 – right to parental care and upbringing 804, 816 · in Article 6.2 sentence 1 of the Basic Law …” „… , not constituting a family within the meaning of Article 6.1 of the Basic Law 585 – similar to marriage …” „… (contained in Article 6.1 and 6.2 of the Basic Law) 410, 412-413 disturbed agreement parity, case of 483 …”

BVerfGE 105, 313 Judgment of the First Senate of 17 July 2002 – 1 BvF 1, 2/01 “Civil Partnerships Act case” Correction of an adopted bill; right of approval of the Bundesrat; compatibility with Articles 6.1, 3.1, 3.3 sentence 1 and 14.1 of the Basic Law S. 541-576

„… Article 6.1 of the Basic Law. The particular protection of marriage in Article 6.1 of the Basic Law does …” „… infringe Article 3.1 of the Basic Law that persons of different sex cohabiting with each other and groups …” „… of 11 December 2001 (Federal Law Gazette I p. 3513) is compatible with the Basic Law (Grundgesetz …”

BVerfGE 72, 122 Order of the First Senate of 18 June 1986 – 1 BvR 857/85 “Withdrawal of custody rights case” Safeguarding the status of children as holders of fundamental rights in the proceedings (supplementary curator) S. 231-244

„… thereby assumed that the German courts had jurisdiction under international law, at least for the …” „… and 6.3 of the Basic Law (Grundgesetz – GG). The mother could not be blamed for being unable to raise …” „… the Basic Law. a) Based on the analogous application of § 57.1 no. 9 of the Act on Matters of Non …”

BVerfGE 99, 145 Order of the Second Senate of 29 October 1998 – 2 BvR 1206/98 “Hague Child Abduction Convention case” Hague Child Abduction Convention; accommodation of the best interests of the child in the special case of converse child return applications S. 386-401

„… the Basic Law (Grundgesetz – GG) in conjunction with the right to a hearing in court (Article 103.1 of …” „… the Basic Law) emerges the obligation to ensure the child’s best interests in procedural terms by …” „… right of the complainant re 1. under Article 6.2 sentence 1 of the Basic Law and the fundamental rights …”

BVerfGE 109, 256 Judgment of the First Senate of 18 February 2004 – 1 BvR 193/97 “Joint family name case” Unconstitutionality of § 1355.2 of the Civil Code, which prohibits spouses who wish to have a joint family name as their married name the selection of a married name acquired through previous conclusion of marriage S. 681-693

„… not compatible with Article 2.1 in conjunction with Article 1.1 of the Basic Law (Grundgesetz – GG …” „… the Basic Law insofar as it rules out spouses being able to determine as their married name a family …” „… Article 1.1 of the Basic Law. The order is reversed and the case referred back to the Berlin Higher …”

BVerfGE 115, 259 Order of the First Senate of 28 March 2006 – 1 BvL 10/01 “Maternity protection period case” Incompatibility with Article 6.4 of the Basic Law of the employment promotion law in force between 1998 and 2002, according to which periods in which mothers interrupted employment requiring the payment of social security contributions because of the prohibitions under maternity protection law were not taken into account in the calculation of the qualifying period for receiving unemployment benefit S. 747-758

„… ” HEADNOTE: It is incompatible with Article 6.4 of the Basic Law (Grundgesetz – GG) if periods in which women …” „… – BGBl) I p. 594) was compatible with Article 3.1 and Article 6.4 of the Basic Law (Grundgesetz – GG …” „… incompatible with Article 6.4 of the Basic Law that periods in which women interrupted their employment …”

BVerfGE 107, 150 Judgment of the First Senate of 29 January 2003 – 1 BvL 20/99, 1 BvR 933/01 “Case regarding parental custody for children born out of wedlock” § 1626a of the Civil Code is currently compatible with Article 6.2 and 6.5 of the Basic Law, lack of a transitional arrangement for old cases is unconstitutional S. 611-632

„… Basic Law (Grundgesetz – GG) of a father of a child born out of wedlock. 3. In cases in which both …” „… that takes sufficient account of their parental right under Article 6.2 of the Basic Law, with due …” „… 6.2 sentence 1 of the Basic Law and Article 6.5 of the Basic Law that, according to §§ 1626a and 1672 …”

BVerfGE 24, 119 Order of the First Senate of 29 July 1968 – 1 BvL 20/63, 31/66, 5/67 “Adoption I case” Substitution of parental consent to adoption S. 51-74

„… Basic Law (Grundgesetz – GG) do not apply if a court called to rule on an appeal on points of law or …” „… 6.3 of the Basic Law means de facto separation whilst the parent-child relationship and the rights and …” „… obligations based thereon in principle continue. 3. Article 6.2 of the Basic Law guarantees to the parents, as …”

BVerfGE 127, 132 Order of the First Senate of 21 July 2010 – 1 BvR 420/09 “Case regarding custody rights of fathers of children born out of wedlock” Decision regarding the parental right of the father of a child born out of wedlock; incompatibility of § 1626a.1 no. 1 and § 1672.1 of the Civil Code with Article 6.2 of the Basic Law S. 826-851

„… the Basic Law. 2. The German Family Court Association is of the opinion that § 1672.1 of the Civil …” „… of children born out of wedlock” HEADNOTE: The parental right under Article 6.2 of the Basic Law of …” „… (Bundesgesetzblatt – BGBl.) I p. 2942) are incompatible with Article 6.2 of the Basic Law (Grundgesetz – GG). 826 2 …”

BVerfGE 99, 300 Order of the Second Senate of 24 November 1998 – 2 BvL 26/91, 5, 6, 7, 8, 9, 10/96, 3, 4, 5, 6/97 “Civil servants’ children case” (state’s obligation to take care of civil servants’ welfare and family) Remuneration of civil servants and judges with more than two children in the period from 1988 to 1996 S. 432-449

„… of civil servants’ welfare (Article 33.5 of the Basic Law (Grundgesetz – GG)) to pay maintenance to …” „… with Article 33.5 of the Basic Law, insofar as the legislature – in 1988 and 1989 with civil servants …” „… submissions is the compatibility with the Basic Law of the provisions of the 1987, 1988, 1991, 1992, 1993 …”

BVerfGE 82, 6 Order of the First Senate of 3 April 1990 – 1 BvR 1186/89 “Unmarried civil partner as tenant case” Unmarried civil partner of a deceased tenant as “another family member” within the meaning of § 569a.2 sentence 1 of the Civil Code S. 311-319

„… Article 6.1 of the Basic Law (Grundgesetz – GG) and with the principle of sufficient delimitation of the …” „… 14.1 sentence 1 of the Basic Law. The Regional Court is alleged to have, in truth, engaged in …” „… development of the law is also said not to comply with the values set out in the Basic Law (Article 6.1 of the …”

BVerfGE 28, 324 Order of the First Senate of 27 May 1970 – 1 BvL 22/63, 27/64 “Marriage clause case” Incompatibility of the marriage clauses in the orphans’ pension in social pensions insurance with Article 6.1 of the Basic Law S. 75-99

„… Insurance Code (Reichsversicherungsordnung – RVO) are incompatible with Article 6.1 of the Basic Law insofar …” „… the Basic Law (Grundgesetz – GG) insofar as 18-year-old orphans who are in school or vocational …” „… the pension by virtue of marriage allegedly breached Article 6.1 of the Basic Law. His wife testified …”

BVerfGE 60, 79 Order of the First Senate of 17 February 1982 – 1 BvR 188/80 “Case concerning the separation of a child from its family” Separation of a child from its family even where the parents fail without being at fault as the strongest encroachment on parental rights, only if principle of proportionality is strictly observed S. 191-202

„… conjunction with Article 6.3 of the Basic Law (Grundgesetz – GG). The decision is reversed. The case is …” „… constitutional right under Article 6.2 of the Basic Law. They argue that the Higher Regional Court has failed to …” „… . Article 6.2 sentence 1 of the Basic Law guarantees parents the right to look after and bring up their …”

BVerfGE 79, 51 Order of the First Senate of 12 October 1988 – 1 BvR 818/88 “Foster parents case” Removal of a child from its foster family S. 287-300

„… permanent damage arising (Article 6.2 sentence 2 of the Basic Law (Grundgesetz – GG)). Order of the First …” „… the complainant in 3) under Article 2.1 in conjunction with Article 1.1 of the Basic Law. The matter …” „… compatible with the Basic Law that where the 288 preconditions under § 1666.1 sentence 1 of the Civil Code …”

BVerfGE 104, 373 Judgment of the First Senate of 30 January 2002 – 1 BvL 23/96 “Double family names case” Exclusion of double family names S. 515-529

„… – KindRG) of 16 December 1997 (Federal Law Gazette I page 2942) are compatible with the Basic Law …” „… compatible with the Basic Law that parents with joint custody who do not use a married name may designate as …” „… Civil Code was incompatible with Article 3.2 of the Basic Law, and adopted a transitional provision …”

BVerfGE 84, 168 Order of the First Senate of 7 May 1991 – 1 BvL 32/88 “Case regarding custody rights for children born out of wedlock” Joint parental custody for children born out of wedlock S. 320-335

„… born out of wedlock” HEADNOTES: 1. Article 6.2 of the Basic Law (Grundgesetz – GG) is violated when the …” „… Article 6.2 and 6.5 of the Basic Law insofar as the mother also loses the right and the duty to exercise …” „… . b) § 1738.1 of the Civil Code was compatible neither with Article 6.2 and 6.5 of the Basic Law, nor …”

BVerfGE 53, 224 Judgment of the First Senate of 28 February 1980 – 1 BvL 136/78, 1 BvR 890/77, 1300, 1440/78, 32/79 “Divorce law case” Dissolution of marriage according to the new law because of breakdown of marriage – also irrefutably presumed after three-year separation –; application to “prior marriages”; hardship clause S. 138-155

„… – “Divorce law case” HEADNOTES: 1. It does not violate Article 6.1 of the Basic Law (Grundgesetz – GG) that …” „… separation of the spouses (§ 1566.2 of the Civil Code) is compatible with Article 6.1 of the Basic Law. 3 …” „… Reform Act) of 14 June 1976 (Federal Law Gazette I p. 1421) are compatible with the Basic Law. Article 12 …”

BVerfGE 107, 104 Judgment of the Second Senate of 16 January 2003 – 2 BvR 716/01 “Parental involvement in proceedings under the Juvenile Court Act case” Exclusion of a father with parental rights from proceedings before a juvenile court which involve his son (§ 51.2 of the Juvenile Court Act) S. 591-610

„… responsible member of a society that corresponds to the Basic Law’s concept of society has a right to …” „… Article 6.2 sentence 1 of the Basic Law (Grundgesetz – GG), that parents should protect the rights of …” „… Juvenile Court Act is incompatible with Article 6.2 of the Basic Law and void to the extent that the …”

BVerfGE 87, 1 Judgment of the First Senate of 7 July 1992 – 1 BvL 51/86, 50/87, 1 BvR 873/90, 761/91 “Rubble women case” Allowance of child-raising periods in the statutory pensions insurance of wage-earners and salaried employees (“rubble women”) S. 336-354

„… periods in statutory pensions insurance emerges from Article 74 no. 12 of the Basic Law (Grundgesetz – GG …” „… ). The Federation was empowered in accordance with Article 74 no. 7 of the Basic Law to enact the …” „… Benefits Act did not violate the Basic Law by not placing periods of child-raising, in general terms, on …”

BVerfGE 101, 361 Judgment of the First Senate of 15 December 1999 – 1 BvR 653/96 “Caroline of Monaco II case” Publication of photographs from the daily and private life of prominent persons – Caroline of Monaco S. 450-474

„… with Article 1.1 of the Basic Law (Grundgesetz – GG), is not restricted to the domestic sphere. It must …” „… Basic Law to the extent that the publication of images is concerned the subject of which is the …” „… 5.1 sentence 1 of the Basic Law also covers entertaining publications and articles as well as the …”

Index of Statutes S. 957-962

„… Basic Law – Article 1.1 of the 51, 67, 123, 160, 184, 228, 236, 252, 254, 266, 296, 364, 394, 410, 743 …” „… Service Law 438 Act Reforming the Law of Parent and Child (Law of Parent and Child Reform Act) 389 …” „… Code of Social Law – Third Book of the 747, 749-750, 752-757 – Sixth Book of the 339 – Eleventh Book of …”

doi.org/10.5771/9783845237534

Nikolaus Knoepffler, Peter Kunzmann, Martin O'Malley - Facetten der Menschenwürde

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Nikolaus Knoepffler (ed.), Peter Kunzmann (ed.), Martin O'Malley (ed.)

Facetten der Menschenwürde

Series: Alber-Reihe Philosophie

Volume 2011

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Edward J. Eberle Human Dignity, Privacy, and Personality in German and American Constitutional Law S. 102-140

„… Protection ofHuman Dignity and Personality1.1 The German Constitutional OrderThe Basic Law is a …” „… Basic Law itself marks a fundamental re-conception of German law. The seminal case is Lüth, 7 BVerfGE at …” „… Interiority in German LawMicrocensusFocus on the interior component of human personality in German lawbegan …”

Donald P. Kommers Autonomy, Dignity and Abortion S. 216-244

„… Constitutional Court would say of the Basic Law,the Constitution is a unified whole; one core value cannot be …” „… the integrated constitutional order created by the Basic Law,an objective value cannot fully negate …” „… , and within thehierarchy of objective values the Court has ascribed to the Basic Law,the state’s duty …”

Martin O’Malley A Performative Definition of Human Dignity S. 75-101

„… German citizens. After the war, theBasic Law’s second article expanded the protection of personality …” „… realities that led tothe inclusion of the principle in the UDHR and subsequently in theGerman Basic Law …” „… dignity that is incorpo-rated into the UDHR, the German Basic Law, and other legal formularsand systems …”

doi.org/10.5771/9783495997284

Walter Schweidler - Human Rights and Natural Law

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Walter Schweidler (ed.)

Human Rights and Natural Law

Series: West-östliche Denkwege

Volume 21 2012

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Christian Hillgruber Constitution and Natural Law S. 65-75

„… National Socialist dictatorship, which had trigged a “crisis of law”2, many German jurists and prominent …” „… faction, “stable basic rights, anchored in natural law, and not merely in an ever-changing majority”.6 In …” „… This necessity arose from the intention of making these basic rights directly applicable law. “General …”

Lorenza Violini, Maria Maddalena Giungi Human Dignity: An undefined area? In search of the concept’s many facets through the path of history and philosophy S. 157-194

„… of human dignity became the hermeneutical key of constitutions like the German Basic Law of 1949 …” „… Israel’s Basic Law on Human Dignity. Moreover, if we consider the International level, dignity is now …” „… (Luftsicherheitsgesetz) was incompatible with the Basic Law and hence invalid. Previously, in January 2003, a mentally …”

Marta Cartabia Europe and Rights: Taking Dialogue Seriously S. 76-100

„… ‘precludes the application of national provisions, such as those of German law, which impose a general …” „… human dignity is not only one of the basic values of the German Constitution, but it is also part of …” „… European Constitutional Law Review, 5: 5–31, 2009. 2 The European Union Agency for Fundamental Rights was …”

Dietmar von der Pfordten The rise of human dignity S. 217-229

„… German Basic Law: “Human dignity shall be inviolable.” UN-Charter; EU- Human Rights Charter. 32 Dieter …” „… 1945, the German “Grundgesetz“ from 1949 and the Charter of Fundamental Rights of the EU from 2000 …” „… of value. Cicero roots it in the stoic logos as law of the world and Christian thinkers root it in …”

Holger Zaborowski Nature—Reason—Freedom. Thinking about Natural Law in Modern Philosophy S. 20-35

„… philosophy or the philosophy of law, but a dispute over a metaphysical or ontological basic assumption …” „… the concept of natural law—though perhaps not absolutely to the “subject”—are recognized (cf …” „… importance, however, appears to contradict natural law’s claim of validity and justification; for this …”

Remi Brague On Natural Law in Islam S. 249-265

„… IV. Intercultural Perception On natural law in Islam. Some preliminary remarks Remi …” „… myself: I am in no way a specialist on Islam, let alone on Islamic Law. To be sure, some years ago, I …” „… wrote a book on the idea of divine law in Judaism, Christianity and Islam that was published in 2005. It …”

Harald Seubert The Universality of Human Dignity: Possibilities, Limits and Aporias of Justification S. 195-216

„… says in Article 1, paragraph 1 of the Basic Law. Human dignity is not exactly not a right among rights …” „… in part because it is itself neutral. If a constitution like the basic law is committed to human …” „… Antike und Christentum, Vol. 2. (Stuttgart, 1957), pp. 1024 ff. 212 Harald Seubert basic law was …”

Marko Trajkovic Law in the World of Values S. 132-146

„… . The laws of valuing are absolutely obvious, like geometrical laws. Therefore law can be seen as a …” „… mentioned that positive law’s looking for values has to count on the prepolitical and ethical convictions …” „… Law in the World of Values Marko Trajkovic Introduction How can legal norm and values influence …”

Heiner Roetz Human Rights in China: An Alien Element in a Non-Western Culture? S. 296-313

„… change brought about by commerce (as in the German proverb “Handel bringt Wandel”), as circles …” „… situation in Taiwan in the last two decades after the end of martial law. Against this background, it has …” „… often been maintained that there is a basic repugnancy between human rights and “the” Chinese culture …”

Christian Erk What makes a Right a Human Right? The Philosophy of Human Rights S. 101-131

„… relevant treaties, declarations or covenants of international law. Today, hardly any state would dare – at …” „… law, there is no universally shared theoretical foundation of such rights: ‘the morality of human …” „… Michael J. Perry, Toward a Theory of Human Rights: Religion, Law, Courts (CUP, Cambridge 2007) 4. 4 …”

doi.org/10.5771/9783896658074

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