Numerus Clausus I Case

33 BVerfGE 303 (1972)

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Numerus Clausus I Case

Federal Republic of Germany Federal Constitutional Court
33 BVerfGE 303 (1972)

Facts

An applicant (plaintiff) to a university medical school was denied by the university. The applicant sued the university, challenging the constitutionality of the laws of the state of Hamburg, Germany (the government) (defendant) governing university admissions policies. The applicant argued that the medical school’s refusal to admit him was unconstitutional given a lack of doctors. The applicant argued that the university had admitted more applicants previously and that the university had sufficient time to expand its capacity to train doctors. The Hamburg Administrative Court referred the matter to the Federal Republic of Germany Federal Constitutional Court after finding that the government had to expand the relevant educational facilities. On appeal, the government argued it had made sufficiently strong efforts to expand the capacity of medical schools to admit interested students. The government also argued that under Article 12 of the Basic Law for the Federal Republic of Germany, the state could constitutionally restrict the number of applicants under the policy of numerus clausus, a government-sanctioned limit on the number of students eligible for admission.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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