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Aviation Security Act case

Constitutional Rights and Civil Liberties

The Aviation Security Act case was a 2006 decision of Germany's Federal Constitutional Court declaring unconstitutional and void a provision of the Aviation Security Act that would have authorized the armed forces to shoot down a hijacked civilian aircraft being used as a weapon against human life. The Court held that killing the innocent passengers and crew to protect people on the ground would treat those on board merely as a means to save others, violating their absolute and non balanceable right to human dignity under the Constitution's first article, regardless of how many lives on the ground might otherwise be saved. The ruling is frequently cited as an example of a court treating human dignity as a right that cannot be weighed against even a large number of other lives.

Facts
Decision Year
2006 1
Decision Date
2006-02-15 1
Holding
The Federal Constitutional Court declared void the provision of the Aviation Security Act, section 14 paragraph 3, that would have authorized the armed forces to shoot down a hijacked civilian aircraft, holding that killing the innocent passengers and crew to protect others violated the unconditionally protected human dignity guaranteed by Article 1 of the Basic Law. 1
Current Status
Decided; the provision was declared unconstitutional and void by the Federal Constitutional Court on 15 February 2006. 1
Case Status
Case Status (category)
Decided 1
Case Status (category)
Declared Unconstitutional 1
Connections

Decided By

Decided by the Federal Constitutional Court of Germany, 2006.

In Legal System

A ruling under German constitutional law.

In the Other Atlases

Found In

Also in Geography Atlas: where this subject is found.

Sources
1. Luftsicherheitsgesetz (Wikipedia)
Wikipedia
  • Lead paragraph, date of ruling
  • Lead paragraph, human-dignity sentence
    the sacrifice of innocent lives to the benefit of another group violated the unconditionally protected human dignity under Article 1 of the German constitution
  • Lead paragraph, unconstitutionality sentence
    the clause was declared unconstitutional by the Federal Constitutional Court on 15 February 2006
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