Versicherung im Sozialstaat

Social security and private contingency risks insurance are essential elements of the welfare state. The concept of insurance and the idea of equivalence in insurance relationships have been a topic of discussion since the emergence of modern insurance and social security systems. Astrid Wallrabenstein studies these discussions, and looking at these from the current perspective of administrative and constitutional law she shows what questions have arisen and have still not been answered. These questions are related to the organization and supervision of insurance. They can be approached as a question of the state's obligation to guarantee that certain results are achieved through regulation. As an example of this, the author looks at the organization of the health insurance system in Germany. It is however also necessary to justify redistribution of wealth within such »social insurances.« This justification is possible if there is an individualistic approach to human rights, an approach which requires justification for any redistribution of wealth, but also allows for justification by the public interest which is pursued by regulated insurance.