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Case Law

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Chapter Summary

The purpose of this chapter is to find out whether there are indeed practical applications of Principle Theory arguments and if so, under which circumstances they occur. It presents the separation of powers problem. The chapter favours a comparative approach and discusses the case law of the European Court of Human Rights (ECtHR), the German Federal Constitutional Court (GFCC), and the US Supreme Court. The standards that the courts employ are not directly expressed by the respective constitutional texts; they are rather the result of the courts putting the texts into concrete terms. The ECtHR comprises the most essential human rights, among others the right to life and freedom of speech. GFCC was heavily influenced by the experience that was gained during the two periods preceding it: the Weimar Republic and the Nazi-Regime.

Keywords: case law; European Court of Human Rights (ECtHR); German Federal Constitutional Court (GFCC); Principle Theory; US Supreme Court



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