Ausgestaltung von Grundrechten

Beschreibung

How can the lawmaker be bound by fundamental rights which he has to concretize and apply so that the individual can make use of these liberties? Christian Bumke aims to solve the dilemma of concretization and to show that this is a part of the general problem of the lawmaker's commitment to fundamental rights.
How can the lawmaker be bound by fundamental rights which he has to concretize and apply so that the individual can make use of these liberties? Christian Bumke aims to solve the dilemma of concretization and to show that this is a part of the general problem of the lawmaker's commitment to fundamental rights. The solution to this can be seen in the establishment of specific standards in a particular field of protection, and not in the principle of proportionality. This task is the same for the limitation of fundamental rights as it is for the concretization and application of fundamental rights in the form of statutory law. In spite of this congruence between concretization and limitation, it is not possible to cope with the issues involved in concretizing fundamental rights with the help of instruments of classic human rights. For this reason, the author focuses on developing a doctrine of concretization and application which can be administered reliably.

Autor*in

Christian Bumke
Geboren 1963; 1996 Promotion; 2003 Habilitation; Inhaber des Commerzbank-Stiftungslehrstuhls Grundlagen des Rechts an der Bucerius Law School in Hamburg.

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