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Event Series Event Series: CPG Constitutional Law Series

Proportionality in German Fundamental Rights Adjudication

July 18 from 15:00 - 16:30 BMT

CPG Constitutional Law Series

on the occasion of the 75th anniversary of the German Basic Law

July 18, 2024, 3 p.m. – 4:30 p.m. (GMT+7), online via Zoom video teleconferencing

organized in collaboration with the Asian Governance Foundation

Description

75 years ago, on May 23, 1949, the German constitution, widely known as the Basic Law, entered into force, following its passage in the Parliamentary Council on May 8 and subsequent approval by the occupying western Allies of World War II. Since then, the Basic Law has developed into a mainstay of democratic governance, rule of law, and human rights protection in Germany, while inspiring the development and creation of constitutions in many countries around the world. To celebrate the Basic Law’s 75th anniversary and its enduring impact on democracy, freedom, and the rule of law in the heart of Europe and beyond, CPG is hosting a series of online events as part of the “CPG Constitutional Law Series” to explore and discuss some of the many facets of the Basic Law.  

The series commenced on June 14 with a presentation by Professor Dr. Dr. Rainer Hofmann from Goethe University Frankfurt/Main titled “The First Line of Rights Defense in Germany: The Concept of Human Dignity in the Basic Law.” It continued with a talk by Prof. Dr. Oliver Lepsius from the Faculty of Law of the University of Münster on the topic of “The Guardian of the Constitution as a Political Actor? Reflections on Role, Function, and Power of the German Constitutional Court”. 

The third talk of the series will be delivered by Professor Dr. Niels Petersen, who is also from the Faculty of Law of Münster University, on the topic “Proportionality in German Fundamental Rights Adjudication”.  

Proportionality is a doctrinal tool in fundamental rights adjudication that is employed by many courts around the world. According to orthodox understanding, the proportionality test has its origin in Germany. For this reason, the talk will analyze the use of proportionality by the German Federal Constitutional Court.  

The presentation will begin with a brief overview of the historical development of proportionality, followed by a discussion of its function and the different steps of the test as interpreted by the German Federal Constitutional Court. It will conclude with an examination of the critiques of proportionality in legal scholarship. 

Speaker

Prof. Dr. Niels Petersen holds the Chair for Public Law, International Law, and European Union Law at Münster University’s Faculty of Law. He is also the CPG Supervisory Board Member. He received his PhD from Goethe University Frankfurt am Main and his habilitation from the University of Bonn. His previous academic positions include research fellowships at Columbia University and New York University School of Law. His research interests encompass international human rights and domestic fundamental rights, international and EU economic law, comparative constitutional law, constitutional theory, the interplay of law and politics in judicial decision-making, and the economic analysis of law.

Moderator

Dr. Duc Quang Ly, Project Manager, CPG

Agenda

Participation

Event registration is essential for participation; individuals interested are encouraged to do so by visiting the link or QR code provided below. For more information, please email us at events@cpg-online.de

⇒ Registration ⇐

Contact Information

Contact Dr. Duc Quang Ly at duc.quang.ly@cpg-online.de for program content.

Contact Ms. Venus Phuangkom at events@cpg-online.de for administrative matters.

Details

Date:
July 18
Time:
15:00 - 16:30 BMT
Series:
Event Category:

Organizer

CPG

Other

Event Type
Panel Discussion / Roundtable
Location
Online
Registration
Required