Bücher der Reihe Tübinger Schriften zum Staats- und Verwaltungsrecht (TSSV)

»State Responsibility for Discursive Integrity in Public Spaces«The communication phenomena of fake news, social bots and hate speech dominate the discussion about the network-based communication culture. It is often forgotten that regulation in this area touches on fundamental principles of the liberal German constitution. The work approaches the question of regulation with the necessary sensitivity and analyses the basic decisions of constitutional theory and dogmatics with regard to possible solutions.

»Assemblies Beyond Public Streets. An Investigation on the Spatial Scope of Protection of Art. 8 (1) of the German Constitution«: The work deals with the legal issue as to the use of areas for assembly purposes. It answers the question of whether, in addition to the traditional public street space, other areas may be used to conduct assemblies. The work also develops a comprehensive solution from the basis of an existing dogmatic conception on fundamental rights, which can consistently explain the rights to use public and private areas for assembly purposes.

Following an examination of primary sources on the origination of investment arbitration in the 1950s and 1960s, the thesis demonstrates that the historical narrative in legal textbooks ignores a crucial period at the time of its formation concerning the organic development of international law as the overreaching corrective in investment disputes, including international arbitration practice as the applicable dispute resolution mechanism. By scrutinizing decisions of national and international courts, legal literature, and state practice before and during this period, the author demonstrates that the arbitral awards relied on by the legal textbooks, which are based on the internationalization doctrine, are in clear contrast to the prevailing national and international doctrines at the time, and thus cannot be used as a valid basis for an organic development of the law.

»Specification of Parity for the List of Candidates in Parliamentary Elections. An Enquiry in Terms of Constitutional Law«: The author examines the fundamental admissibility of specification of parity for the list of candidates in parliamentary elections in terms of constitutional law. Considering foreign alternatives, he also reviews the actual sex ratio in parliaments and political parties and offers suggestions of an approach to achieve parity in parliament. The main focus of the discussion is the analysis of these suggestions regarding their constitutional admissibility, also considering factional regulations.

»The Constitutional Framework of Municipal Surveys of Residents and Citizens«: Municipal surveys of residents and citizens also take place in those federal states whose municipal law does not provide a legal basis for this. That is why the thesis examines the constitutional framework of municipal surveys. The study places particular emphasis on the question whether participation in a municipal survey needs to be regarded as the exercise of state power. Based on its results, the thesis drafts a regulatory proposal for the municipal code of Baden-Württemberg.