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560 CONSTITUTIONAL COURT JUDGES’ ROUNDTABLE Broadcasting Co. v. FCC (1969) and its fairness doctrine have influenced the shaping and interpretation of German broadcasting law and are still influen- tial, even though the United States has abolished the fairness doctrine. Brown v. Board of Education (1954) has given impetus to developments in the field of equal opportunities and has vitalized the discussion on affirmative action. In German constitutional law, fundamental rights are thought of not only as individual rights against state action but also as an objective order of funda- mental values, indirectly affecting civil law and the legal relations between private parties. There are situations where the government has an affirmative duty to act in order to ensure that private parties adhere to these values. Even judicial dissents may refer to foreign decisions. An example is the famous German Mephisto libel case (1971), in which Justice Rupp-v Bru ¨ nneck quoted New York Times v. Sullivan in her dissenting opinion. European courts and their decisions are also being taken into account by the German Constitutional Court. In its recent Schaechten decision (2002), the German Constitutional Court quoted a 1998 decision of the Austrian Constitutional Court referring to the slaughter
International Journal of Constitutional Law – Oxford University Press
Published: Oct 1, 2005
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