Collection: Law
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Drittwirkung der grundrechte
Lars C. Kroemer studies the constitutional problem of the third-party effect of fundamental rights, in particular the horizontal effect, which jurisprudence has been dealing with for decades. The author maintains that the premise of differentiation between the state and society is essential for t...
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Rechtswerdung
Drawing on theoretical elements of linguistic philosophy, the philosophy of mind, action theory, and social ontology, Kathrin Strauß describes how making the law is not only shaped by the procedural and organisational norms of law, but also by the workings of the human mind, which enter the legal...
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Zeit und verfassung
Time is out of joint. The future is no longer a source of hope, but of concern; the past, which seemed long forgotten, is omnipresent. Daniel Wolff argues that this transformation of the modern time regime is giving rise to time politics composed of history politics and future politics and anal...
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Going dark - signals intelligence im it-zeitalter
How can the security authorities effectively counter the global networking of terrorists and extremists via the encrypted communication channels of the »Dark Net«? This volume documents an expert conference held in Munich in October 2021, which sought viable answers on how to overcome the legal h...
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Polizei- und ordnungsrecht
The huge developments in recent years of German federal and state laws as well as case law are dealt with in the latest edition of this indispensable textbook.
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Innerparteiliche wettbewerbsdemokratie
Intra-party democracy is intra-party competitive democracy. German constitutional democracy can be described as a system of a competitive aggregation of interests. The German Basic Law incorporates this concept of competitive democracy into political parties. In his thesis, the author deals with ...
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Über recht sprechen
Successful communication is one of the prerequisites for a functioning constitutional state. Law lives through communication. The meaning of a constitutional provision, and its legal and factual effects, are revealed in a negotiation process involving a wide range of actors. All contributions in ...
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One health
Klaus Ferdinand Gärditz emphasises the interconnectedness of human, animal, and environmental health in his integrative, holistically focused study. He highlights zoonoses, climate change, biodiversity loss, and wildlife trade as key challenges, advocating interdisciplinary approaches and robust ...
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Additiver grundrechtseingriff und informationelle selbstbestimmung
Karoline Maria Linzbach examines how informational self-determination has developed into a kind of super-fundamental right. Starting from its roots in the dangers of modern data processing, she examines the concretization of the general freedom right enshrined in Art. 2 para. 1 of the German Basi...
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Demographischer wandel, altersgruppenbezogene partizipation und generationengerechtigkeit
As the ratio of old to young increases in German society, so does the elder generation's political influence. Silvia Pernice-Warnke highlights the reform potential of age-related participation as a way to realize intergenerational justice from a legal perspective.
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Nach parität
Does democracy necessitate gender-equitable participation in parliament? Lea Rabe introduces new perspectives to the gridlocked debate on parity laws in Germany. Are equality, democracy and representation - the constitution's grand rationales - implemented coherently and part of political reality?
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Das amtsparadox
The holder of a public office should vouch for its objectivity as a subject. And although this 'paradox of office' cannot be eliminated, it can be overcome in the triad of programme, person, and structure and be brought into accordance with constitutional principles.
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Wahlprüfung vor der wahl
The relevant norm in German electoral review law, Article 41 of the Basic Law, does not prescribe a focus on the subsequent scrutiny of an election. Johanna Werpers demonstrates the openness of Article 41 regarding the timing of the review procedure based on electoral errors in admitting party ca...
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Dynamische verweisungen
Dynamic references are a legislative technique, which is used at all levels of German law. It can be found in ordinances, ordinary laws and even in the German constitution. Frederic Stodt examines whether and to what extent this legislative technique may be used.
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Staat und politik
The current relandscaping of Germany’s political party system poses the parties and the law that applies to them with many challenges. These changes have an impact on the participation of parties in shaping the will of the people, on the principles of party freedom and equality, on state party fu...
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Ergänzungsimpulse zur repräsentativen demokratie
Thea Schlütermann examines fundamental questions of democratic legitimation and representation, weaknesses of the concept of representative democracy, as well as possibilities of strengthening this system, in particular through lot-based, deliberative elements and a stronger role for citizens.
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Eine frage der ehre
When does disparagement in social networks constitute unlawful hate speech? This is a balancing of fundamental rights: the freedom of individual expression versus another's right to personal honor. This study examines the protection of honor in Germany's Basic Law when it comes to discriminatory ...
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Der objektiv-rechtliche gehalt der pressefreiheit
Based on an analysis of cases put to Germany's Federal Constitutional Court involving matters of press freedom, Tao Zeng proposes a fresh construction of the objective-legal content of the institute of an independent press, both with regard to its justification and the concrete consequences of th...
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Kanzlerdemokratie
The Federal Chancellor is the most important office of the German Federal Republic. Jannis Lennartz describes the constitutional basis of this form of governing in relation to the Bundestag, the Bundesrat and the Federal President.
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Das mehrheitsprinzip als optimierungsgebot für das wahlrecht
While a constituency representative could enter parliament with 20% of the votes, a further ballot would be necessary in a mayoral election with the same vote result. Konstantin Setzer analyses from a legal dogmatic perspective why the majority principle has such varying effects, and which electo...
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Krankenhausreform und grundgesetz
A reform of hospital care including remuneration constitutes an urgent concern that is high on the health policy agenda. Ferdinand Wollenschläger analyses the complex framework for reform projects in terms of constitutional law, especially with regard to competence and fundamental rights.
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Mehrheit/minderheit
With majority rule as the key feature of modern democracy, majority and minority are essential variables of any democratic institutional and electoral framework. Yet no matter how well established the democratic complementarity of majority and minority may be, its functionality still needs to be ...
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Nachrichtendienste und bewaffnete konflikte
German intelligence services are integrated into military reconnaissance in a variety of ways and as such are placed alongside the Bundeswehr's own structures. The Bundesnachrichtendienst, for example, also acts as the military foreign intelligence service. The contributions collected here shed l...
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Gesetzgebungskompetenzen im bundesstaat
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Die gewohnlichen erhaltungskosten
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Interzession naher angehoriger
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Religion - migration - integration
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Reformation - staat - religion
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Der osterreichische protestantismus im spiegel seiner rechtsgeschichte
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The significance of religion for today's labour and social legislation
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More meditations of a militant moderate
The book collects almost thirty-five opinion pieces, essays, and two poems by the author on a wide variety of public policy topics written and published between 2006 and 2022. The author, a self-described “militant moderate,” draws on his participation in many public debates. The articles are gro...
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Autonomie des rechts nach 1945
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Lorenz von stein und die rechtliche regelung der wirklichkeit
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Grundbegriffe der rechts- und staatssoziologie
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Rechtssoziologie am ende des 20. jahrhunderts
English summary: The sociology of law was established as an independent academic discipline at the beginning of the 20th century. At the end of the century, the authors of this volume critically take account of the entire field and discuss the gains which have been made and the future prospects o...
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Talmudische tradition und moderne rechtstheorie
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Familienwahlrecht und verfassung
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Shipping finance
Now in its fourth edition, and containing over 500 pages of fully revised and updated material, Shipping Finance includes an analysis of ship mortgage terms and conditions, and mortgagee rights across the main maritime jurisdictions.
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The status of religion and the public benefit in charity law
‘The Status of Religion and the Public Benefit in Charity Law’ is an apologetic for maintaining the presumption of public benefit for the charitable category ‘advancement of religion’ in democratic countries within the English common law tradition.
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Offentliche religion im sakularen staat
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Das recht der reformation
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Miteinander und gegenuber
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Das npd-verbotsverfahren
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Rechtswissenschaft lehren
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Anticorruption laws and regulations
This unique volume is a must-have tool for all in-house and international lawyers, legal counsel and consultants involved with local and cross-border corruption matters. Throughout the text, a range of local and international experts provide in-depth analysis of corruption issues.
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Personale differenzierung im kaufrecht
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Verbrauchervertragsrecht und digitaler binnenmarkt
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Schadensersatz im unionsprivatrecht
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Zeitdynamische bezugnahmeklauseln
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Das interesse des kapitalmarkts am aufschub der ad-hoc-publizitat
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Kunstliche intelligenz und juristische herausforderungen
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Investitionsschutz und verfassung
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Europaische bankenregulierung und private haftung
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Die vereinbarkeit des eu-grenzbeschlagnahmeverfahrens mit dem trips-abkommen
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Universelle frauenrechte und islamisches recht
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Europaisches privat- und wirtschaftsrecht in der krise
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Das problem der uberlangen verfahrensdauer im demokratischen rechtsstaat
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Die haftung privater internetanschlussinhaber
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Auslandische staaten vor deutschen zivilgerichten
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Reformhindernisse im internationalen investitionsrecht
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Europaisierung und digitaler wandel als herausforderungen der deutschen glucksspielregulierung
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Volkerrechtliche jurisdiktionsgrundlagen fur den datenschutz im netz
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Geographischer irrefuhrungsschutz
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Plastik als rechtsproblem
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Die grundrechtsprufung durch den eugh
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Der einzelne in der offenen staatlichkeit
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Deutsche streitkrafte in militarischen missionen der europaischen union
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Legitimation durch offentlichkeitsbeteiligung?
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Informationsverwaltungsrecht internationaler institutionen
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Nachrichtendienste in vernetzter sicherheitsarchitektur
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Energierecht nach dem clean energy package
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Grundrechtsfoderalismus
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Das recht der globalen stadt
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Die fluchtlingspolitik, der staat und das recht
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Nachrichtendienste im demokratischen rechtsstaat
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10 jahre energierecht im wandel
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Die regulierung von ott-kommunikationsdiensten
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Grenzuberschreitende bankenaufsicht in der europaischen union
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Asset stripping durch finanzinvestoren
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Die novellierte debt governance fur banken in der europaischen union
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Der teileschutz im urheberrecht
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Gesellschafter- und geschaftsleiterhaftung im internationalen zivilverfahrensrecht
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Nachhaltige kapitalanlagen durch finanzmarktregulierung
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Gleichbehandlung im europaischen kapitalmarktrecht
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Staatenbezogene wirtschaftssanktionen zwischen souveranitat und menschenrechten
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Offentlich-rechtlicher rundfunk und okonomischer wettbewerb
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Staatshaftung in der fusionskontrolle
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Zukunftsperspektiven des immissionsschutzrechts
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