The Future Dimension of the German Basic Law—Constitutionally Justifiable Consequences for Social Security Law?
摘要
The article is devoted to the question of the extent to which the German constitution recognizes an intertemporal safeguarding of freedom which, after closer examination, must be affirmed, particularly with consideration of the “duty to protect”—dimension of the fundamental rights. So, the fundamental rights of the German constitution are always to be understood more and more functionally; a need for protection can therefore also only arise in the future. Based on the famous decision of the Federal Constitutional Court from March 2021 regarding climate change, it will be then especially examined whether any conclusions can be derived in terms of social law with regard to the protection of future generations.