Rechtssichere Gewichtung von Eingriff und Rechtfertigung in der verfassungsrechtlichen Abwägung

This study aims to develop a legally certain method of assigning importance in constitutional balancing.
To determine measurable criteria for legal certainty, the author defines this principle, as enshrined in German constitutional law. This includes an analysis of how far the soft law component of the principle urges judges to apply fundamental rights predictably. To specify the respective provisions, this study assesses concepts such as discourse theory and critical rationalism as possible guidelines for reliable methods.
On this basis, the study examines which procedure in assigning importance can ensure legal certainty. While retaining corroborated elements of current approaches, the author seeks to prevent remaining risks to legal certainty by outlining a functional weighting method. Its form is consciously designed to fulfil the purpose of applying constitutional norms with legal certainty. To this effect, the method employs the new instrument of critical, rational interval measurement.