Die verfassungskonforme Fortbildung verfassungswidriger Parlamentsgesetze

Jakob Schneck answers the frequently examined question, how courts should deal with unconstitutional parliamentary statutes, in an unprecedented way: he underpins declarations of voidness and incompatibility by the German Federal Constitutional Court as well as constitution-conformant "reinterpretations" with a method for developing constitution-conformant judge-made law. By methodologically reformulating the previous case law, he is able to legitimize it in principle. Yet he also reveals how court rulings can be improved in detail. The author reaches his conclusions through a determinedly subjective-historical theory of legal interpretation that builds on Philipp Heck's jurisprudence of interests.