According to traditional wisdom, German fundamental rights as part of the German constitution seem to „follow” German state authority wherever it may be exercised. However, this rule does not reflect the modern complexity of overlapping state authorities, highly mobile individuals and corporate actors that attempt to evade any state authority. This article attempts to reconstruct the link between state authority and the fundamental rights of the constitution by establishing substantive characteristics that help to decide on a right’s scope of application.
|Translated title of the contribution||Extraterritorial Application of German Fundamental Rights|
|Title of host publication||Handbuch des Staatsrechts der Bundesrepublik Deutschland. Band XI, Internationale Bezüge|
|Editors||Josef Isensee, Paul Kirchhof|
|Place of Publication||Heidelberg|
|Number of pages||44|
|Publication status||Published - 2013|