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  1. Theorie des verfassungsrechtlichen Gleichheitssatzes : ein systemtheoretischer Ansatz

    Gleichenstein, Hans von
    Erste Auflage. - Weilerswist : Velbrück Wissenschaft, 2023.

    "Hans von Gleichenstein investigates the question using the means of Niklas Luhmann's systems theory. He shows that equality cannot be adequately understood by the law itself. Rather, it requires the latter to focus primarily on extra-legal social systems. Only then does an arbitrary game with words become a meaningful criterion in justifications for decisions, legal texts and in their constitutional review. Equal treatment then requires, as the study also checks for plausibility using examples from the dogmatics and decision-making practice of the Federal Constitutional Court, respect for the boundaries of other social systems that are to be regulated by law and the equal opportunity for all individuals to participate fully in all social functional systems"--


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