Der Vorbehalt des Möglichen

Rights are costly. Not everything that is legally required can be optimally fulfilled because public resources are scarce. The "proviso of the possible” functions as resource constraint in fundamental rights doctrine. Lino Munaretto's study examines the legal significance of this key concept from a theoretical and doctrinal perspective, arguing that the proviso is not only a limitation of rights, but also a margin of appreciation that points to the democratic contingency of political decisions in distributive conflicts.