Theory of Fundamental Rights

Concentrating in particular on the case law of the Federal Constitutional Court, Alexy endeavors to develop a general theory of the fundamental rights of the German Constitution. The most important points are a theory of principles and a theory of the structure of subjective rights.

The theory of principles is a value theory that has emerged unscathed from the assault of untenable assumptions. The theory of the structure of subjective rights allows a precise interpretation of the many-faceted relations of fundamental rights. On this basis, Alexy deals with the main problems of doctrinal approaches to fundamental rights. The closing chapter considers the role of fundamental rights in a legal system.