Die grundrechtsschaffende Gewalt

»The Fundamental Rights-Creating Power. Proposal for a Methodology for the Examination of the Creation of New Fundamental Rights by the Constitutional Courts«: The creation of new fundamental rights by the ›fundamental rights-creating power‹ raises important problems and challenges for doctrine. So far, the dogmatic has not addressed these problems, although they are of great importance not only in theory, but also in practice. In order to avoid a disproportionate expansion of the catalog of fundamental rights and the establishment of unnecessary or practically ineffective fundamental rights, constitutional courts must have a specific methodology.