Given that administrative procedural rights and obligations under the fundamental rights of the Basic Law are positive in nature, and as such merely a “development under the constitution”, they are in need of justification. An analysis of the FCC’s jurisprudence reveals essentially two justifications: on the one hand, the FCC construes administrative procedures as means to an end. They are a tool to facilitate “correct” decisions and the more effective implementation of fundamental rights.

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The FCC’s Justifications

  • Benedikt Behlert

摘要

Given that administrative procedural rights and obligations under the fundamental rights of the Basic Law are positive in nature, and as such merely a “development under the constitution”, they are in need of justification. An analysis of the FCC’s jurisprudence reveals essentially two justifications: on the one hand, the FCC construes administrative procedures as means to an end. They are a tool to facilitate “correct” decisions and the more effective implementation of fundamental rights.