Riding in the Woods

Article 2 of the Basic Law grants freedom and states its limit in the same sentence: Jeder hat das Recht auf die freie Entfaltung seiner Persönlichkeit, soweit er nicht die Rechte anderer verletzt und nicht gegen die verfassungsmäßige Ordnung oder das Sittengesetz verstößt. (Everyone has the right to the free development of his personality, insofar as he does not violate the rights of others or offend against the constitutional order or the moral law.) In 1989, the Federal Constitutional Court applied it to horseback riding. A law in North Rhine-Westphalia allowed riding in the forest only on field paths and bridle paths, but not on other forest paths. The court ruled that general freedom of action covers any human activity, riding in the woods included, and that any law in line with the constitution can limit it. One judge, Dieter Grimm, dissented. In his view, riding in the woods was not protected by this freedom at all.

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