THE PRIVATE SUBJECTS AS THE NEW ADDRESSEES OF THE CONSTITUTIONAL RIGHTS

Abstract

The enlarged perception of the constitutional rights as the value guidelines or the so-called objective order of values (and not only constitutional rights in their negative or defensive function), which is to be enforced in all social relations, including those between private subjects(so-called objective legal dimension of the constitutional rights), caused as a consequence the enlarged set of addressees of the constitutional rights, too. Not only the state, but also the private subjects should be obliged to respect (or even grant) the constitutional rights. In the constitutional law theory this question has been replaced by the theory of the protective duties of the state (grundrechtliche Schutzpflichten)(so-called positive obligations of the state).

Keywords

• constitutional rights
• the private subjects as the addressees of the constitutional rights
• Drittwirkung
• constitutional protective duties of the state (positive obligations)