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Aviation Security Act Case
German Constitutional Court
1 BvR 357/05 (2006)
In response to plane hijackings occurring in the United States and Germany, the Federal Republic of Germany passed the Aviation Security Act (the act). The act allowed the German armed forces to use direct force to assert control over a plane that had been hijacked for use as a weapon against human lives. The act required that the armed forces first try to divert the plane through other means and provided that direct force could be used only as a last resort. The constitutionality of the act was challenged on the ground that it violated Germany’s Basic Law, which guaranteed a fundamental right to life and human dignity. The German Constitutional Court considered the constitutionality of the act.
Rule of Law
Holding and Reasoning
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