Rechtsfortbildungsgleichheit: Richterliche Rechtsfortbildung als Gebot des allgemeinen Gleichheitssatzes (Art. 3 Abs. 1 GG)

English summary: Judicial Law Development under the Principle of Equal Treatment: The further development of the law through judicial law-making has long been understood as a responsibility of the judiciary. However, it remains uncertain whether this role can be reconciled with the rule of law. The general principle of equality, to which the courts are bound under constitutional law, provides a legal foundation for judicial modifications that has thus far received little attention. This wor...