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Fundamental rights in the German Constitution
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Fundamental rights in the German Constitution : ウィキペディア英語版
Fundamental rights in the German Constitution

Fundamental Rights in the Federal Republic of Germany (''German: Grundrechte'') are a set of rights guaranteed to the German people through their Federal Constitution, the ''Grundgesetz'' and the constitutions of some of the States of Germany. In the Federal Constitution, the majority of the ''Grundrechte'' are contained in the first title, Articles 1 to 19 of the Grundgesetz (GG). These rights have constitutional status, binding each of the country's constitutional institutions. In the event that these rights are violated and a remedy is denied by other courts, the constitution provides for an appeal to the Federal Constitutional Court (''Bundesverfassungsgericht'') (Art. 93 (1) (4a) GG).
According to this article, the Constitutional Court is entitled to hear appeals concerning not just the ''Grundrechte'' contained in Arts. 1-19, but also Arts. 20 (4), 33, 38, 101, 103 and 104. These rights are also therefore referred to as ''grundrechtsgleiche Rechte'' (rights equal to fundamental rights) or colloquially also as fundamental rights.
==Limitation==
In addition to the ''Grundrechte'', the Constitution guarantees a number of other public rights, such as the uniform application of federal law between states (Art.28 (2)(1) GG) and the independence of the church (Art. 137 (3) of the Weimar Constitution and Art. 140 GG). These however are not ''Grundrechte'' as they are not contained under the first title of the constitution or in the appeal mechanism to the Federal Constitutional Court.
There are also lists of fundamental rights in the majority of state constitutions, which vary slightly from one another but are never capable of ruling out a ''Grundrecht''. ''Landesrechte'' (i.e. rights guaranteed by state constitutions) which mirror ''Bundesrechte'' (those guaranteed by the Federal Constitution) are therefore disregarded in favour of the ''Bundesrechte''. Many state constitutions which were written after the Federal Constitution do not contain their own lists of fundamental rights at all.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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