englischThe defensibility of German democracy becomes especially important in times of increasing extremist currents in society. Therefore, this paper addresses whether and how the Federal Republic can ban an anti-constitutional labor union, which is further complicated by the special protective [...]

englischThe climate relevance of air traffic should not be underestimated. The already advanced legal containment of CO2 emissions caused by aviation is the focus of this study. The central actors - the International Civil Aviation Organization (ICAO) as an international organization and the EU as a [...]

englischThe concept of democratic legitimization is used in various disciplines and also in different legal contexts. However, it is regularly not a matter of one and the same legal standard; rather, German constitutional law and EU primary law appear to contain very different approaches. There are [...]

englischIn her work, the author examines the question of how democratic constitutional states can give themselves new constitutions. On the basis of a comparative analysis of constitutional practice, the author develops constitutional replacement as a sui generis institute of constitutional theory. [...]

englischA state should not be forced to fund those parties which try to combat its highest values. This thought was realized by a constitutional amendment to exclude parties from the state party financing. A defensive democracy is in narrow limits allowed to discriminate against certain political [...]

englischAccording to the case law of the German Federal Constitutional Court, only religious communities and such legal entities whose purpose is the cultivation or promotion of a religious confession or the proclamation of the faith of their members can invoke the freedom of religion pursuant to [...]

englischIn the course of increasing immigration to Germany, the issue of marriages of minors has come into focus. The legislature has reacted to the apparently increasing phenomenon of "minors' marriages" with the law to combat child marriages. The Federal Court of Justice considers the newly [...]

englischThe author discusses the constitutional conformity of compulsory schooling and the question of whether parents or pupils have a right to homeschooling – i.e. a right to replace school attendance with other education at home. In her opinion, Article 7 of the German constitution assumes a [...]

englischThe legal doctrine on technological risks of the sciences usually does not include cases in which scientific knowledge itself is dangerous. It would have a dual use: Possible appliances useful for life and health, and possible misuse as a weapon. Does the state have to prevent risky research [...]

englischThis study examines the recent tendency of German administrative courts to apply the principle of proportionality to decisions where the text of the legal norm does not leave much room for such an examination. Such a proportionality test may be motivated by the intention to consider and [...]