101
KV
CH-TG
CH-TG
§ 8 Verfassung des Kantons Thurgau (KV) - Schranken
Rechtsstaatliche Grundsätze - Grundrechte
§ 8 KV · Schranken
1. Einschränkungen von Grundrechten bedürfen einer gesetzlichen Grundlage und erfordern ein überwiegendes öffentliches Interesse.
2. Die Grundrechte von Personen, die in einem besonderen Abhängigkeitsverhältnis zum Staat stehen, dürfen nur soweit zusätzlich eingeschränkt werden, als es der besondere Zweck des Abhängigkeitsverhältnisses erfordert.
Gerichtsentscheide zu dieser Bestimmung (13)
TVR.2021.Nr.1 · tg (Art. 8 Abs. 1 BV)
Football Association v. Municipality on Equal Treatment for Facility Access
The appeal was granted because the refusal to grant access to the sports facility violated the principle of equal treatment guaranteed by this article.
TVR.2017.Nr.1 · tg (Art. 8 Abs. 1 BV)
Naturalization Rejection Overturned Due to Rigid Application of Criminal Record Policy
Violation of the principle of equal treatment guaranteed by this article was cited as a reason for finding a legal breach.
TVR.2017.Nr.22 · tg (Art. 8 Abs. 1 BV)
Tenant Rent Increase Challenge Upheld Based on Differentiated Harbor Rates
The provision was cited in the reasoning section to justify the distinction in tariffs between local and non-local tenants, which was confirmed as permissible.
TVR.2015.Nr.11 · tg (Art. 8 BV)
Raised Garden Bed Structure Permit Requirement and Zoning Non-Conformity Appeal
Although cited in the header, it is not explicitly mentioned in the dispositive orders, therefore it is excluded based on the rules.
TVR.2013.Nr.1 · tg (Art. 8 Abs. 2 BV)
Municipality Standing to Appeal Denial of Naturalization Based on Intellectual Disability
Cited as the basis for concluding that the refusal to grant citizenship based on the inability to express a will is discriminatory.
TVR.2008.Nr.15 · tg (Art. 8 Abs. 1 BV)
Gymnasium Subsidy Eligibility Based on School Grade Level
Although cited in the heading, this provision related to equal treatment was not explicitly cited in the dispositive orders, which only referred to the specific statute.
TVR.2007.Nr.22 · tg (Art. 8 Abs. 1 BV)
Tax Rate Disparity Between Single and Married Taxpayers
The provision concerning the principle of equality in taxation, which forms the core constitutional issue addressed by the court's decision, although the appeal was ultimately dismissed on the merits/discretion granted to the legislature.
TVR.2002.Nr.22 · tg (Art. 8 Abs. 3 BV)
Tax Deduction for Spouse Employed in Spousal Business: Equality Challenge
The provision was applied to rule that the restriction on deducting the lump-sum professional expense allowance for a spouse employed by the other spouse contradicts this constitutional principle.
TVR.2002.Nr.25 · tg (Art. 8 BV)
Smith v. Zoning Board of Appeals
Basis for allowing the appeal due to unequal treatment (Rechtsungleichheit) in denying the permit.
TVR.2000.Nr.21 · tg (Art. 8 BV)
Property Tax Assessment on Undeveloped Building Plot: Market Value vs. Agricultural Lease Income
This provision is cited in order 1, which concerns the taxation of building land under agricultural use based on its market value, implying a ruling on equal treatment.
TVR.2000.Nr.22 · tg (Art. 8 BV)
Constitutional Challenge to Property Loss Carry-Forward/Carry-Back Limitation
The court upheld the administrative decision, finding that the challenged tax provision did not violate the prohibition of arbitrariness derived from this article.
RBOG.2000.Nr.21 · tg (Art. 8 BV)
Litigant Extension Request and Standard of Equality
The principle of equality before the law under this article was applied to require equal treatment between lawyers and laypersons when assessing extension requests.
RBOG.2000.Nr.21 · tg (Art. 8 BV)
Lay Litigant Extension Based on Advisor Workload
Cited as the basis for the principle of equality in assessing requests for extension of deadlines.