Der Grundrechtsverzicht als dogmatische Kategorie

The waiver of the fundamental rights of the German Constitution has been discussed in literature and in practice in Germany for a long time. Until now, there is no consent relating to either the characteristics of such a waiver, the dogmatic concept or whether such a waiver is legally possible. Rauni Ahammer solves these questions considering the dimensions of protection of the fundamental rights. After defining the term ‘waiver’ in contrast to similar legal institutions, the author works out the interest of the waiving person in comparison to the opposing public interest. As a conclusion, she presents a system of legal admissibility of a waiver especially in relation to the obligations of the legislature. The result is verified by examples such as the brain death concept of the German Transplantation Law or the possibility of paintball events.