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The Bundesverfassungsgericht On The German Aerial Security Law: A Sonderweg From The Perspective Of International Law?

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Chapter Summary

The judgment of the Bundesverfassungsgericht on the German Aerial Security Law raises the question whether it 'fits' at an international level. The majority of the non-German colleagues with whom the author have discussed the judgment have reacted rather sceptically. The author discusses the question: Have the German Constitutional Court and, following its lead, the Polish Constitutional Court, adopted a Sonderweg, or have the author's colleagues from other countries just not given enough thought to the fundamental nature of the problem at hand? The answer requires making a distinction: On the one hand, the fact that international instances may well have reached the same result speaks in favour of the international compatibility of the German and Polish decisions. On the other hand, the reasoning of the German decision seems to constitute a Sonderweg.

Keywords: Bundesverfassungsgericht; German AerialSecurity Law; Polish Constitutional Court; Sonderweg



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