Frank Riechelmann, Rendsburg

Die Leistungsfähigkeit einer prinzipientheoretischen Normbetrachtung

Principles are norms of law, too“ – in general, this thesis is rejected in jurisprudence. Several objections are quoted against it: A distinction between rules and principles be impossible, and law beneath the constitution only appeared to be determined by it. Furthermore, human dignity be inviolable to a weighing of interests – and therefore impossible to apply in a weighing against other interests. That critique is not merely refutable. With a „principle view“, it is possible to discover judicial connections where common understanding devises an existence of different concepts.

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