1 General Theory of Fundamental Rights

Abstract

This chapter presents an overview of the general theory of fundamental rights, which are embodied in the German Basic Law, or Grundgesetz (GG), as a fundamental component of the idea of a democratic constitutional state which is open — that is, embedded in the international community of states. The fundamental rights in GG combine private, social, and political ideals of freedom into an overarching conception of a free, legally regulated and socially structured community. The chapter considers who may claim fundamental rights (natural persons, legal persons), the duty of the state to uphold fundamental rights, effects of fundamental rights, and institutional guarantees protected by fundamental rights. It also discusses the state's duty to protect, the effects of fundamental rights on private parties or third parties, and further effects of fundamental rights.