Cases Constitutional law – Cases to Basic Rights – staatsrecht.honikel.de

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Zusammenfassung:

50 Cases for exam preparation

Info to Basic Rights

Content:

Case 5:

Birgit from Mannheim and Kabindra from Kathmandu, Nepal together with friends held a sitting blockade with banners on the Paradeplatz to demonstrate. As the police arrest them because of "disturbance of public order" they rely on their basic rights.

What basic rights are in question?

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Case 6:

An employer provides an employee. In the work contract both agree that the employer will not join the relevant employers' federation and the employee will not join the union.

Is this arrangement permitted by the Basic Law?

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Case 7:

The performance artist Willi Chaos is known for cult happenings and plans to transform the complete marketplace of the community Eiswoog for three months into a huge pool with ducks and swans, to alert about the greenhouse effect. After the council of Eiswoog wants to ban the action, as the market place is needed in the daily life of the community, for example for the market held every two days, Willi Chaos refers to his art liberty of article 5 III GG.

How do you assess his prospects for success?

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Case 8:

A limited liability company in Mannheim feels treated unequally by the finance office in handling its tax affairs in comparison to other limited liability companies.

Can the limited liability company refer to article 3 I GG ?

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Case 9:

Norbert recently came from his political regulars' table, on which also lots of tasty pizza were enjoyed, to his home and said that all natural people can refer to basic rights.

What is your opinion to this statement?

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Case 10:

Through the construction of the new federal highway B 44a the property of the city of Karlsruhe will be damaged.

Can the city defend itself with basic rights?

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Case 11:

A dentist defends herself against participating at the dental emergency service in times of the night. According to the Health Professions Law, all dentists with private practice in principle have to participate on emergency services.

Does the obligation of the dentist offend against her basic rights?

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Case 12:

Scouti often makes tours across the nature reserve "Behind the Mountains" to fish in a hidden pond tasty "Hommingberger Gepardenforellen". When he was on such a tour, a ranger stopped him and prohibited him to continue to walk outside of the ways in a nature reserve. Scouti wish to proceed against the ranger, the basic rights allow him to do what he wants to do.

How do you assess his prospects for success?

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Case 13:

Federal Minister S. Kandal is in the limelight because of a scandal and he stubbornly refuses to give up his ministerial post. The dedicated voter Steffi S. decides to deal with a petition to parliament to demand that parliament dismisses the minister.

Can she do that? Finally, she is not concerned by the behavior of the minister.

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