Zwischen Verantwortungszuschreibung und Ungleichbehandlung

Instead of acting itself, the state often obligates individuals to render services for the benefit and promotion of public welfare. In this book, the author depicts the requirements and limits imposed on that phenomenon by German constitutional law and, particularly, its basic right of equality. In the “tax state”, as drawn up by German constitutional law, individuals fulfil their duties towards public welfare solely by paying their taxes, which guarantees equality among taxpayers. Therefore, the further legal obligation of individuals to promote public welfare constitutes unequal treatment among the public, which, in view of the basic right of equality, has to be justified. As a result of this, the basic right of equality requires that the individual has a specific responsibility for the aim pursued by this obligation. This book examines the legal constitutional framework for such obligations, particularly what the basis of such a specific responsibility can be.