TECHNOLOGY AND THE RULE OF LAW
TECHNOLOGY AND THE RULE OF LAW

Summary/Abstract: Progress in science and technology is essential for overcoming global challenges. Legal issues arise in a variety of ways. Under constitutional law, it is important to assume that the State has an obligation to promote the development of technology, but also to protect against its dangers. This obligation arises from various points of view, in particular from the State's obligation to protect the values enshrined in fundamental rights and also to ensure the development of society. This a particular concern of the principle of the social State or, in some constitutions, the idea of fundamental social rights. However, the principle of the rule of law and its individual elements are also essential for the legal assessment of technology. The aspects of the certainty of the law are of great relevance, as is the requirement that important technological decisions are not made by the administration, but only by the legislator, and also that detailed questions are decided by the administration, but on the basis of certain authorizations by parliament or, in some systems, on the basis of the autonomous normative power of the executive. Prognosis decisions are also important, as the development of technological facilities is dynamic and not all future effects can be foreseen in the present.

• Details
• Contents