Relevant jurisprudence on the procedural dimension of fundamental rights and the relevance of those rights for the (administrative) decision-making processes appeared early on in the FCC’s history. In fact, already in the 1950s, the court mentioned that it was important for individuals to be actively involved in procedures through which public power is exercised. In the literature, the idea of the relevance of procedure to the realisation of fundamental rights gained traction somewhat later; the literature had long neglected or underestimated the importance of procedures for the protection of fundamental rights.

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A Brief Sketch of the Development in Jurisprudence and Academia

  • Benedikt Behlert

摘要

Relevant jurisprudence on the procedural dimension of fundamental rights and the relevance of those rights for the (administrative) decision-making processes appeared early on in the FCC’s history. In fact, already in the 1950s, the court mentioned that it was important for individuals to be actively involved in procedures through which public power is exercised. In the literature, the idea of the relevance of procedure to the realisation of fundamental rights gained traction somewhat later; the literature had long neglected or underestimated the importance of procedures for the protection of fundamental rights.