German doctrine on fundamental rights is strongly characterised by the (specific) civil liberties. By contrast, the doctrine concerning the prohibitions on discrimination in the Basic Law appears to be underdeveloped. This leads to inadequate reconstructions of the facts and case rulings by the courts. In contrast, the concept of fundamental rights in European Union law is much more strongly oriented towards the right to equality. The increasing interdependence of European and national constitutional law calls for an updated theoretical framework on the interplay between fundamental rights. The project “< Freedom // Equality >: Fundamental Rights Perspectives in Europeanised Constitutional Law’ aims to address this by specifically supplementing traditional legal hermeneutics with quantitative approaches from the digital humanities. The aim is to develop proposals on how rights to freedom and equality can be fully realised within Europeanised constitutional law.
Project leader: Prof. Dr Alexander Tischbirek
Project team member: Kilian Lüders