Special force relationship (or special right relationship) one calls a condition of the increased connection of the citizen to the state, which goes in its intensity beyond the normal connection of the citizen to the State of (general force relationship) in the German jurisprudence.

Examples

• Official relationship
• Execution of sentences
• Training and university relationship
• Military service relationship

No special force relationship justified by the use of an institute (example: Museum), since thereby at all no or only a very short increased connection of the citizen to the state develops.

Effects

The special force relationship causes a restriction of the fundamental rights. This can be justified as a result of a fundamental right-limiting parliament law or arise directly from the Basic Law (and/or from the national conditions).

History of the special right relationship

In a democracy foreign regulation is impossible; but also in a democracy there are ranges of the foreign regulation, to which a democratic regulation is awarded; Examples are for instance prisons, force apparatuses (police, military) as well as psychiatric Anstalten.Zu beginning 20. Century prevailed in the German administrative law the opinion forwards that the subjecting to these ranges did without the practice of its fundamental rights voluntarily. After the today dominant view (decision of the Federal Constitutional Court of 1972, BVerfGE 33, 1) however also persons in the special force relationship the fundamental rights are entitled in principle. The fundamental rights can be limited, however only so far, as the purpose of the special right relationship concerned requires this. Example: The restriction of the secrecy of letters of the convicts can be necessary, in order to protect security and order of the prison. The fundamental right can not be limited. The substantial decisions for the restriction of the fundamental rights in the special force relationship are thereby of the legislator (Wesentlichkeitstheorie) in a parliament law to meet (parliament reservation). Example: The question, whether a verbeamteter teacher may carry religious clothes during the service in practice of his freedom of religion, is so substantial that it must be regulated by (country) the legislator in a parliament law (BVerfGE 108, 282 - head cloth Fereshta Ludin). Besides with the validity of the fundamental rights still between basic relationship and operation condition is differentiated, whereby only document, which affects the basic relationship, fundamental right-affecting acts of administration should be. (Example: Legal protection exists against the school report, not however against an individual school note in a Klassenbuch). In addition the special force relationship concerns only the period, in which the concerning is actually subjected to this, example: It is forbidden to a police officer to operate in its service for a religious community missionary entry door advertisement; probably he may do this however in his spare time.

Articles in category "Special right relationship"

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