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The fundamental rights of the Basic Law were originally conceived in the Western liberal tradition as negative rights of defence against the state. Still today, the status negativus is the “basic function” of fundamental rights. Procedural rights, however, are rights to something.

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The FCC’s Doctrinal Construction

  • 章节

  • 发表日期：

    2025年

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  • Benedikt Behlert

摘要

The fundamental rights of the Basic Law were originally conceived in the Western liberal tradition as negative rights of defence against the state. Still today, the status negativus is the “basic function” of fundamental rights. Procedural rights, however, are rights to something.