Peter Häberle on constitutional theory : constitution as culture and the open society of constitutional interpreters / Markus Kotzur (ed.).
Saved in:
| Online Access: |
Full Text (via EBSCO) |
|---|---|
| Other Authors: | |
| Format: | eBook |
| Language: | English German |
| Published: |
[Oxford] : Baden-Baden, Germany :
Hart Publishing ; Nomos,
2018.
|
| Subjects: |
Table of Contents:
- Cover; Foreword; I.; II.; III.; IV.; V.; VI.; Fundamental Rights in the Welfare State. Second Co-report of Professor Dr. Peter Häberle, Marburg on Lahn.; Introduction; PART ONE; I. Problem; II. Welfare ""state"" and performance oriented ""society; 1. The welfare state in the text of the Basic Law (the ""GG""); 2. ""Provision of benefits"" as feature of governmental public interest functions; a) Welfare-related legislation and law governing welfare; aa) General overview; bb) Typology of welfare acts; cc) Consequences for the idea of law with impact on fundamental rights.
- B) Welfare administrationc) Jurisprudence related to welfare; 3. Interdependency between welfare state and performance-oriented society; a) ""Welfare state; aa) General characterisation; bb) State facing growing tasks and new forms of action, changes in both external and internal relations and on the expenses side.; cc) Contents and limits (by fundamental rights) of the principle of efficiency in the realm of social welfare state; b) "Performance-oriented society; c) Criticism of the social principle of performance from a welfare state and fundamental rights perspective
- III. Survey of doctrinal deficiencies with regard to fundamental rights with respect to welfare state activities concerning and having an impact on fundamental rightsPART TWO; I. Fundamental rights guarantees; ""open"" legal doctrine on fundamental rights; fundamental rights policy and interpretation of fundamental rights; 1. Discussion of problems of their relationship as preliminary issue; 2. Consequences of an ""open"" fundamental rights legal doctrine; II. Social
- ""realistic""
- understanding of fundamental rights; 1. ""Dissolution"" of the status theory.
- 2. The status theory and the change of the freedom and property-formula3. The status activus processualis; III. Social "fulfilment of fundamental rights "" by the welfare state's public interest functions; 1. Fundamental rights as social fundamental rights, freedom through fundamental rights and principle of a social state or, as the case may be, principle of equality; 2. Fundamental rights as constitutional or, as the case may be, ""state"" targets, (also) as positive rules of competence; 3. ""Welfare state and welfare law component"" of fundamental rights
- 4. The issue of legal protection of (fundamental) rightsa) General issues; b) Legal protection in the narrower sense (judicial protection); c) Legal protection and protection of fundamental rights in a wider sense (ex ante); IV. Conclusio; "The open society of constitutional interpreters"
- A contribution to a pluralistic and "procedural" constitutional interpretation; 1. Part One: Fundamental thesis and state of discussion; a) The previous issues of a Theory of Constitutional Interpretation; b) New issues and thesis; c) Developing the thesis, concept of interpretation; 2. Participants in constitutional interpretation.