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Legislative authorization to shoot down aircraft abducted by terrorists if innocent passengers are on board - incompatibility with human dignity as guaranteed by article 1(1) of the German Constitution.
- Article from:
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American Journal of International Law
- Article date:
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April 1, 2007
- Author:
- Naske, Nina; Nolte, George
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Copyright informationCOPYRIGHT 2007 American Society of International Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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"AERIAL SECURITY LAW." Case No. 1 BvR 357/05. 115 BVerfGE 118. Available at
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Bundesverfassungsgericht (Federal Constitutional Court of Germany), February 15, 2006.
On February 15, 2006, the Federal Constitutional Court of Germany (Bundesverfassungsgericht) held the Aerial Security Act to be unconstitutional. (1) This act authorized the use of military force against any aircraft intended to be used for the killing of human beings, if the use of such force was the only means to avert an immediate danger. The Court based its ruling on two grounds: first, that the federal level of government had no legislative power to enact such a law, and second, that the act's ...