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Third-party-funded project

Title:
The binding force of basic rights for the legislature

Project management at the University of Würzburg:

Participating scientists:

Abstract:
Subject of research is a comparative analysis of how basic rights bind legislature in Germany, France and the United States. The historical development is being investigated. Differences in the legislators binding to fundamental rights may result from different mechanisms of enforcement, such as an in-advance-control in France and a specialized Constitutional Court in Germany as opposed to an integration of constitutional justice in ordinary jurisdiction in the United States. The countries differ in the recognition of the dimensions of fundamental rights (duties of protection, status of social rights, basic rights as a value system determining public policy, effects on relations between private parties). A comparison is aimed at finding proper outlines for these often-questioned human rights functions which could be of use also in German constitutional theory.

Key words:
    fundamental rights
    United States of America
    France
    human rights
    judicial review
    Supreme Court
    legislator
    constitutional theory
    Conseil Constitutionnel
    state action doctrine

Projekt period: from 07.2004 to 07.2007

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