The New Right to Education in the Light of Empirical Evidence and the Theory of Justice

With the recognition of a right to school education in the German Federal Constitutional Court's decision "Bundesnotbremse II" in November 2021, not only jurisprudence, but also educational science and empirical educational research are called upon to face the discussion on the form, content, statements and implications of this new right, especially with regard to the guarantee dimension of the indispensable minimum standards of school education. A corresponding discourse has yet to take place. Against this background, this article aims to identify possible (theoretical and empirical) points of convergence between educational science and empirical educational research on the one hand and the decision and the new right to school education law on the other, by outlining the significance of the resolution, classifying empirical evidence on the concretization of the minimum standards with regard to their output and input dimension and, finally, giving a justice-theoretical perspective to the questions raised here.