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Public law at the IUBH International University

Index cards and summaries for public law at the IUBH International University

Learn now with index cards and summaries for the course in public law at the IUBH International University.

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Is an essential feature of a democracy according to the modern understanding of the constitution?
The principle of popular sovereignty. Anchored in Article 20, Paragraph 2, Sentence 1 of the Basic Law and states that all state power comes from the people

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Means "freedom before the state" to fend off the state (negative). Defense function is an essential task of fundamental rights. The prerequisite is a state intervention in the position of a citizen protected by constitutional rights. e.g. Art. 2,4,8 GG

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Freedom in and for the state. Describes a form of interaction between the state and its citizens. Art. 33, 38 GG
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= Citizens' rights of defense against the state

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Functions of fundamental rights?
Status negativus, status positivus, status activus

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Original performance rights?
In order to protect its citizens, the state is obliged to provide certain services, provide procedures or establish facilities. e.g. supplying households with water, electricity, etc.

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If a party has won more direct mandates in an electoral area than it is entitled to based on its second share of the vote, the surplus mandates remain as so-called overhang mandates.
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Abandonment of fundamental rights barriers
to restrict the freedoms determined by fundamental rights, if necessary.

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wants to move the state against it (positively) to take action. Means "freedom not without a state",

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Examination scheme for fundamental freedoms?
Area of ​​protection (opened?), Encroachment (occurred?) And constitutional justification of the encroachment (given after consideration?) The area of ​​protection is the fundamentally protected area of ​​human life - every state measure practically represents an encroachment on fundamental rights - interventions can be specific, individual (court judgment) or general be related (by law) - intervention by the state is unconstitutional if the measure is not constitutionally justified

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How many basic rights does Article 2, Paragraph 1 of the Basic Law contain?
3
General freedom of action (I can do what I want),
General personal rights (narrow personal area of ​​life, privacy)
Informational self-determination (publication of personal life facts (data protection)
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What is the Federal Constitutional Court?
is the guardian of the constitution. Supreme federal and constitutional body and independent supreme court. Decides on formal and material constitutional violations, i.e. violations of the Basic Law, upon application. Is not subordinate to the Minister of Justice but has its own budget and rules of procedure in the BVerfGG.

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