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On treating persons as ends: the German Aviation Security Act, human dignity, and the German Federal Constitutional Court

Moller, Kai (2006) On treating persons as ends: the German Aviation Security Act, human dignity, and the German Federal Constitutional Court. Public Law (Autumn). pp. 457-466. ISSN 0033-3565

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Abstract

One of the laws passed in Germany as a response to the terrorist attacks of September 11, 2001 is the Aviation Security Act (Luftsicherheitsgesetz ). Its purpose is the prevention of attacks on aviation security, in particular hijacking, acts of sabotage, or terrorist attacks. The most controversial part of it was the section that gave the Minister of Defence permission to order the shooting down of passenger planes. According to §14(3) of the Aviation Security Act, this was permissible if according to the circumstances it had to be assumed that the aircraft was to be used against the lives of people and if the shooting down was the only effective defence against the threat. The shooting down could only be ordered, however, after a verification of the situation and unsuccessful attempts of warning or rerouting had taken place. On February 15, 2006, the German Federal Constitutional Court (“FCC”) delivered its judgment declaring §14(3) of the Air Security Act void.

Item Type: Article
Official URL: http://www.sweetandmaxwell.co.uk
Additional Information: © 2006 Sweet & Maxwell
Library of Congress subject classification: K Law > K Law (General)
Sets: Departments > Law
Rights: http://www.lse.ac.uk/library/usingTheLibrary/academicSupport/OA/depositYourResearch.aspx
Date Deposited: 12 Nov 2009 12:52
URL: http://eprints.lse.ac.uk/25644/

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