Der Verfassungsorganstreit

Rainer Grote begins by outlining the development and the function of the theories pertaining to public bodies, theories which are reflected in constitutional positivism and which are used to interpret the basic structures of governmental organization. He then gives a comprehensive analysis of the main applications of constitutional and administrative disputes between public bodies in the law currently in force. Based on this, he attempts to clarify the content, function and enforcement procedures of subjectivized legal positions within the organization. The author questions if and to what extent concrete powers within a government organization can be allocated to material principles of organization, such as for example the principles of democracy and of the separation of powers. He shows the conclusions that can be drawn from this in relation to the development of the procedural principles of the dispute between public bodies.