The dogmatics of fundamental rights in the context of the right to information of the press

Doctoral examination procedure finished at: Doctoral examination procedure at University of Münster

Start date of doctoral examination procedure: 01/09/2020

End date of doctoral examination procedure: 31/08/2023

Name of the doctoral candidate: Haupt, Marie Lisann

Doctoral subject: Rechtswissenschaft

Doctoral degree: Dr. jur.

Awarded by: Department 03 - Law

For the right to information of the press, in addition to a high number of decisions, an increase in the importance of constitutional aspects can be noted. This interface between the right to information and the freedom of the press reveals inconsistencies. Research focuses primarily on examining the constitutional guarantee, with the focus on the direct constitutional right to information (especially since the 2013 decision by the Federal Administrative Court). The focus of jurisdiction, on the other hand, is on providing information, and the cases are based on both press law and non-press law requests. The theoretical debate does not congruently reflect the application questions. While the determination of the scope of the fundamental right is key to the academic discussion, the relationship between ordinary law and the fundamental right is a relevant factor in actual implementation. The dissertation aims to link jurisprudence and legal practice by examining the corresponding fundamental rights dogmatics. Taking an application-oriented perspective, the dogmatics of fundamental rights serve as operating instructions. As a scientific discipline, it also pursues systematic consistency. By applying different dogmatic legal concepts to the right to information and thus identifying the particularities of information requests based on fundamental rights, the objective is to develop the missing dogmatic link that transforms the constitutional framework and addresses difficulties of application.