Das Verhältnis zwischen nationalen und inkorporierten internationalen Grundrechten

The adjudication of parallel fundamental rights catalogues at the domestic level regularly raises the question regarding the correct solution when the two catalogs reach different results. In this book, the conception of fundamental rights as the transformation of moral rights into positive law is employed for domestic and international law. On this basis, the effects of international fundamental rights in the national legal systems of Switzerland, Germany, Austria, and Mexico are outlined. Furthermore, various dogmatic models of fundamental rights are developed to explain the relationship between national and international fundamental rights, and the characteristics of their balancing at national level are described.