Peter Häberle

Peter Haeberle ( born May 13, 1934 in Göppingen ) is a German jurist and professor emeritus of public law at the University of Bayreuth.

Life

Training

Peter Haeberle grew up as the son of postdoctoral physician Hugo Haeberle and Ursula Haeberle, born Riebensahm, into a musical family in Württemberg. After his law studies in Tübingen, Bonn, Freiburg and Montpellier, he received his doctorate in 1961 with Konrad Hesse at the Albert- Ludwigs- University of Freiburg. Haeberle worked among others for Horst Ehmke as an assistant.

Haeberle dissertation The essence guarantee of Article 19 paragraph 2 Basic Law - At the same time a contribution to the institutional understanding of the fundamental rights and the doctrine of the laws of title ( 1962) was observed in much of the state law and has been the subject of heated debate. She's appeared in 1983 greatly expanded, the third edition.

Work

After his habilitation in 1969 in Freiburg with Scripture Public interest as a legal issue (1970, 2nd edition 2006) Haeberle was, after a Visiting Professor in Tübingen, appointed a full professor in Marburg. These were followed by appeals to Augsburg and Bayreuth, where he became Professor Emeritus in 2002. In addition, Haeberle was for twenty years a regular guest professor of Philosophy of Law at the University of St. Gallen.

Haeberle devoted his scientific work was increasingly conceived of as a cultural science comparative constitutional doctrine; his monographs constitutional theory as cultural studies and the human image in the constitutional state are also placed several times.

Much attention was his doctrine of comparative law as a "fifth method of interpretation " ( in the foreign supreme court rulings, such as Liechtenstein ) and the "status activus processualis " that influenced obviously also the first numerus clausus judgment of the Federal Constitutional Court, as well as from " parliamentary approval " and the" religious constitutional right. "

The legal scholar applies also for its 1982 developed cultural studies approach, which was adopted by the Supreme Court in the judgment of Argentina from 29 October 2013, as a pioneer of international cooperation. For example, he has accompanied on the basis of his scientific work in Poland and Estonia the parliamentary deliberations in the development of new constitutions and worked scientific advisory in February 1998 at the invitation of the Constitutional Court of Ukraine.

Its importance for the German public law is also reflected in his - even after his retirement continued to this day - publishing activities of the Yearbook of the public law of the present ( since 1983).

Peter Haeberle is a student of Konrad Hesse also in the tradition of Smend - school to which he in his fundamental theoretical work also clearly committed, simultaneously also to Hermann Heller.

First time for a German professor of constitutional law - - international a (second) Festschrift offered In addition to a German and he was to the 70th birthday. Particularly in Brazil, many term creations of Peter Haeberle be accepted both in literature and in the case law of the Court of Justice in Brasilia, such as the " doctrine of the open society of the Constitution Artists " (1975 ), the " understanding of the constitutional procedural law as a right to participate" (1976 ) as well as the " paradigm of cooperative Constitution State " (1978).

Scientific criticism

In particular, Haeberle Theses on the basic legal doctrine have often found violent opposition; they are considered by German lawyers in part as to the social sciences, however, they have also led to Haeberle in the Latin - American region enjoys very high reputation. Haeberle theses were the trigger for a lively discussion.

His basic doctrinal theses depth Haeberle in the context of his speech, "Fundamental Rights in the power state " on the constitutional law teachers' conference in 1971 in Regensburg. Again, he was accused of neglecting the defensive side of the base legal rights too.

Guttenberg plagiarism scandal

Peter Haeberle supervised at Bayreuth University as PhD supervisor of about 2000 to 2007, and thus through his retirement in 2002 was carried out, the thesis of the CSU politician Karl- Theodor zu Guttenberg. The work entitled Constitution and Constitutional Treaty. Constitutional development stages in the U.S. and the EU was adopted in 2006 by the Law and Economics Faculty of the University and assessed early in 2007 with the top grade "summa cum laude". Second supervisor was Rudolf Streinz. In February 2011 came Guttenberg's dissertation, triggered by accusations of plagiarism of the Bremen State law professor Andreas Fischer- Lescano, public criticism.

Haeberle, who had been informed of a Fischer- Lescano before the first publication, dismissed the allegations, the thesis was plagiarized, in an initial statement as "absurd " back. He did not control the work in numerous consultations in detail. Connected to high media attention, there was consequently to further accusations and the " Guttenberg plagiarism scandal " sparked a political scandal in Germany, which the German Bundestag dealt on February 23, 2011. After the University of Bayreuth had found significant violations of the academic obligations for the identification of sources and citations, Guttenberg the doctoral degree on 23 February 2011 has been revoked.

In a statement, which became known on February 28, 2011, Haeberle described the defects in Guttenberg's dissertation as "serious and unacceptable". They are contrary to what he calls " exemplify and also to [... ] [ s] tried to convey a doctoral student "; the deprivation of the doctoral degree was a " necessary consequence ". In his first and " ultimately to premature reaction " he had " no detailed knowledge of the specific allegations the extent not ignore " can.

On 9 March 2011 it was claimed that Guttenberg and his supervisor had plagiarized in 29 cases, but only source of evidence from footnotes. Therefore, Haeberle was held that he could here the copying in any case need to recognize. However, it should be remembered that mere sources and references have no such individual character, as that written down notes stringent than once would stand out even created an author from him. Haeberle was the Commission's " Self-Regulation in Science " at the University of Bayreuth, which examined the suspicion of plagiarism to be heard. The Commission assessed Haeberle report as " solid created and plausible in itself." From the experts, it could " not expect them to supervise doctoral students, ' " so that they meet no responsibility for scientific misconduct. Even if they had been deceived. However, is "not to recognize what are the salient theses or the specific results of the work in respect of which the award of the highest mark of appeared justified. " For the Commission

Others commitment

Haeberle is a member of the influential Association of German constitutional law teacher. Here he sat down in the past repeatedly critical for the launching of liberal and left candidates.

Honors and Awards

1994 Peter Haeberle was awarded an honorary doctorate from the Faculty of Law of the Aristotle University of Thessaloniki, in 2000 and 2003, followed by the respective faculties of the University of Granada and the Catholic University of Lima, 2005, the University of Brasília, 2007, the University of Lisbon and 2009, the Tbilisi University and the University of Buenos Aires.

Haeberle 's Grand Officer of the Italian Republic and was awarded medals of honor of the constitutional courts in Rome and Lima. Since 1998 he has been a full member of the Bavarian Academy of Sciences and in 1996 a corresponding member of the Heidelberg Academy of Sciences. In 2007 he became a member of the National Academy of Law and Social Sciences Argentina. 1992/1993 he was a Fellow at the Institute for Advanced Study Berlin.

In 1997 he received the Order of Merit of the Order of Merit of the Federal Republic of Germany, the 1998 Max Planck Research Award.

On 11 July 2007 he was awarded by the Bavarian Prime Minister Edmund Stoiber, the Bavarian Order of Merit. In 2009 he received the Cross of Honor of the Roman La Sapienza University and in 2010 by the Austrian Federal President with the Cross of Honour for Science and Art, First Class Award.

The University of Granada has designated 2010 a scientific institute right after Haeberle, as well as the University of Brasília, 2011.

2011 was Peter Haeberle in Brasilia the highest level of Cruzeiro do Sul awarded by the Brazilian foreign minister. He was also elected to the Italian State Law Teachers' Association in 2011 in a secret ballot unanimously as the first foreign teachers of constitutional law.

Writings (excerpt)

• Fundamental rights in the performance state. In: VVDStRL, Volume 30, 1972, p 43 ff
• The Open Society interpreters of the Constitution. In: JZ. 1975, p 297 ff
• European legal culture. Attempt to approach in twelve steps, 1st edition, Baden -Baden 1994.
• Commenting constitutional jurisprudence, Athenaeum, Königstein 1979.
• Cultural policy in the city - a constitutional mandate. Decker & Müller, Heidelberg, 1979.
• The Constitution of pluralism. Studies on the constitutional theory of the open society, 1980.
• Classic texts in the constitutional life, 1981.
• Educational goals and orientation values ​​in the Constitutional State, 1981.
• Or reviews Constitutional Law, 1982.
• The Basic Law of the literati, 1983.
• The essence of guarantee of Article 19, paragraph 2 of the Basic Law - At the same time a contribution to the institutional understanding of the fundamental rights and the doctrine of statutory reservation. 3rd edition, C. F. Müller, Heidelberg 1983.
• Public interest as a legal issue, 1970, 2nd edition 2006.
• Common European Constitutional Law, EuGRZ 1991, pp. 261 ff
• Comparative Law in the force field of the constitutional state - methods and contents, small states and developing countries, 1992.
• European Legal Culture, 1994.
• European constitutional theory in individual studies, 1999.
• The principle of subsidiarity from the perspective of comparative constitutional doctrine. In: ipc, 119, 1994, pp. 169-206.
• Truth issues in the constitutional state. In 1995. Translations into Japanese, Italian, Spanish and into Portuguese.
• Constitutional theory as Cultural Studies, 2nd edition, Duncker and Humblot, 1998 Partial Sets into Spanish ( Teoría de la Constitutión como ciencia de la cultura, 2000), Italian ( Per una Dottrina della costituzione come scienza della cultura, 2001) and Japanese ( in. : Kobe Law Journal Vol. 50, no. 4, March 2001).
• Constitution as a public process, sör band 353, Duncker and Humblot, 1978, 3rd edition, Berlin 1998.
• Is there a European public sphere?, 2000.
• Small fonts. Edited by W. Graf Vitzthum, 2002.
• Pluralismo y constitucion. Estudios de teoria de la sociedad constitucional abierta ( Tecnos -Verlag Madrid ), 2002, 2nd edition 2013.
• L' Etat Constitutionnel. Paris 2004.
• El Estado constitucional. Buenos Aires, 2007.
• Nueve Ensayos Constitucionales y una Lección honoree. Lima 2004.
• Conversaciones con Académicas Peter Haeberle. Comp. D. Valadés, Mexico City 2006 ( translation into Portuguese, Brasila 2008).
• European constitutional theory. 7th Edition, Nomos, Baden -Baden 2011.
• The image of man in the Constitutional State, 4th Edition, Duncker and Humblot, Berlin 2008.
• Sunday as a constitutional principle, 2nd edition, 2006.
• Estado Constitucional Cooperativo, São Paulo, 2007.
• National anthems as a cultural identity element of the constitutional state, Duncker and Humblot, Berlin 2007, 2nd edition 2013.
• National Flag: civil democratic elements of identity and international recognition symbols, Duncker and Humblot, Berlin 2008.
• Constitução e cultura O Direito ao Feriado ..., Lumen Juris, Rio de Janeiro, 2008.
• Comparative constitutional in Europe and cosmopolitan point of view, Duncker and Humblot, Berlin 2009.
• Pedagogical Letters to a Young constitutional lawyers, Mohr Siebeck, Tübingen, 2010.
• European constitutional theory, exp. and revised. 7th Edition, Nomos, Baden -Baden 2011.
• Culture of Remembrance in the Constitutional State, Duncker and Humblot, 2011.
• Music and "right" - on the forum of constitutional theory as cultural studies, Joer 60 (2012 ), p 205
• The Great Charter 08 - on which the constitutional theory forum as cultural studies, Joer 60 (2012 ), p 329
• The "Arab Spring" (2011) - in the horizons of constitutional theory as cultural studies, Joer 60 (2012 ), p 605
• Cartas a un joven pedagogicas Constitucionalista, Comp. N. Bernal Cano (European Research Center of Comparative Law ), Bissendorf 2013.
• The cooperative constitutional state - of culture and as a culture, Toward a universal constitutional theory, Duncker and Humblot, Berlin 2013. (Keyword: "In the context of the sub- constitutions of international law" )