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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Drittwirkung

Germany [de]

Martin Borowski

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 18 September 2019

Subject(s):
Constitutional interpretation — Freedom of religion — Judicial review of legislation — Powers and jurisdiction of constitutional courts/supreme courts — Judicial review — Judicial decisions — Islamic states — Censorship — Freedom of belief — Freedom of expression — Individual rights — Limitations on rights

Published under the direction of the Max Planck Foundation for International Peace and the Rule of Law.
General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.

1. The German expression Drittwirkung (in literal translation ‘third-party effect’) refers to effects of constitutional rights of one private party for another private party. This is to say that if one private party (individual, private corporation, or other non-state-actor) is the holder of a certain constitutional right against the state, this constitutional right has Drittwirkung if and when it gives rise to legal effects for other private parties. Since this phenomenon refers to legal effects between and among private parties on the horizontal level (as...
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