Allowance and law

Sebastian Kluckert explores the normative control potentials for the allocation of subsidies and other grants. To this end, he takes a look at an area of state activity in which one encounters a separate norm species in the form of the "law in the merely formal sense". A priori, the law is denied the ability to set binding rules in the relationship between citizens and the state, but at the same time, in the form of the budget, it is supposed to provide a sufficient legal basis. Against the background that the structure of budgetary (constitutional) law has remained more or less unchanged in its essential elements since constitutionalism, a modern theory is developed that enables and legitimizes the control of the allocation of funds via the budget, even with a binding external effect, while at the same time avoiding that previous paths become perfect.