Nuclear energy and fundamental rights

The author refers to three areas of problems which up to now have only received little attention in the nuclear energy discussion. How is it compatible with the fundamental right of life and physical integrity that the state imposes the risks of the economic utilization of nuclear energy on the population. Do the fundamental rights forbid a too high burden to future generations by means of the unforeseeable long-time effect of nuclear waste management. Do the security compulsions of a future 'plutonium economy' involve unacceptable risks for the freedoms of fundamental rights. The fact that the nuclear energy law dogmatics has up to now scarcely taken up these questions is at least due to the mere police law interpretation of the Atomic Energy Act. Therefore the author pleads for the fact to give up the point of view of industrial and safety law and to see the law from the point of view of an economic-political intervention of the state in favour of a new technology. From this point of view the tries to even out the deficits of the nuclear energy low practice by the dogmatic tracing back to the fundamental rights. (orig.)