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Luth Case

Constitutional Rights and Civil Liberties

The Luth Case was a 1958 decision of Germany's Federal Constitutional Court holding that the basic rights guaranteed by the Constitution, including freedom of expression, are not merely defensive rights against the state but also express an objective order of values that radiates into all areas of law, including private law disputes between citizens. The case arose when film director Veit Harlan sued to stop Erich Luth, a public official, from urging a boycott of Harlan's postwar film; the Constitutional Court held that ordinary civil courts must interpret private law provisions in light of constitutional rights such as free expression. It established the doctrine of the indirect horizontal effect of fundamental rights and is regarded as one of the most influential rulings in German constitutional history.

Facts
Decision Year
1958 1
Decision Date
1958-01-15 1
Holding
The fundamental rights guaranteed by the Basic Law are not merely defensive rights against state interference but also establish an objective order of values that radiates into every branch of law, including private law; ordinary civil courts must therefore interpret general clauses of private law, such as the good-morals provision of the Civil Code invoked against Erich Luth's boycott call, in light of the fundamental right of free expression. 1
Current Status
Not overruled; regarded as the most influential single decision in modern German constitutional jurisprudence, and the origin of the doctrine of indirect horizontal effect (mittelbare Drittwirkung) of fundamental rights in German private law. 1
Case Status
Case Status (category)
Overruled (in whole or part) 1
Connections

Decided By

Decided by the Federal Constitutional Court of Germany, 1958.

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. Luth Case (Wikipedia)
  • Infobox: date decided = 15 January 1958
  • Lead paragraph, most influential decision sentence
    The case is cited as BVerfGE 7, 198 and is regarded as the most influential single decision in modern German constitutional jurisprudence.
  • Lead paragraph, objective order of values sentence
    While they were still considered "subjective" defenses against the state, the Basic Law also "established an objective order of values" through them.
  • In Group: Liberty, Emergency Powers and Social Rights Cases, Introduction, sentence 2
    In it, the First Senate held that the fundamental rights of the Basic Law form an "objective order of values" that radiates into all branches of law, including private law.
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