Ökologische Analyse des Rechts

Simon Marx deals with the approach of Ecological Analysis of Law and thus with the question of how legally regulated human behaviour affects the natural foundations of life. He suggests a consequences-oriented approach in two steps. While respecting the primacy of legislative decisions, ecological impacts of state legal acts are supposed to be analysed and evaluated on the basis of the criteria of resource sufficiency and resource consistency, taking into account conflicting interests in resource conservation and resource use. The aim is to implement the mandate for socio-technical transformation articulated by the Federal Constitutional Court through appropriately adapted legislation and legal application. Building on this, interdisciplinary solutions are to be developed that ensure liveable conditions without imposing disproportionate restrictions on the exercise of fundamental rights.