A commonplace of german politics

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Anticonstitutional ?

12 March, 2009 (01:28) | homeland security, law & order | By: Aerar

Within an interview with the “Frankfurter Allgemeinen Zeitung” (german) he German Interior Minister Wolfgang Schäuble critisizes the work of the Federal Constitutional Court and in my eyes puts into question the general role of the Court:

(the following quotes are translated by the author – please read the original source if you are capable of German language)

“Actuality the question is how far the Federal Constitutional Court can go with it’s jurisdiction. I for instance have doubts under constitutional law, if the Constitutional Court really should decide, which measures against a crime should be allowed in detail. In it’s provisional decree on the telecommunications data retention it did exactly that. But it is a matter of the lawmaker to say: for this sort of crime I may use that instrument for that other sort I can not.”

And it is the matter of the Federal Constitutional Court to decide whether those laws are compatible to the German Basic Law and which are not. And especially “I” as the lawmaker can not use the instruments – that is what the executive is for. Maybe a Freudian slip?

“Such borders alone the democraticly legimated lawgiver may state.”

As long as he does not violate the constitution by doing so.

“The unique competences of the Constitutional Court are directly connected with a high responsibility and a high level of restraint in public utterances. Politicians there have a different legitimation. We have to take position in the public discussion. The judges of the Constitutional Court must have a right for respect. Who wants to create law should try to become a member of the Bundestag.”

This exactly is a part of the divison of powers.

The grand coalition tried to introduce a number of laws for observation during their lageslative period, which in my opinion were neither conform nor in any relation to the planned cuts of liberal rights, constituted in the German Basic Law. Therefore I am glad, the Federal Constitutional Court has stopped such excesses as a last instance. To some degree paradoxically the Federal Constitutional Court alone saved my trust into the legislative in that cases. Any complaints should therefore not be targetted at the Court but against the responsibles in the Bundestag who dared to use such proposals to test their limits and to try to expand them in the same go. It should also be mentioned that this process already started under red-green government before.

Namely in the CDU there already was a case in which a minister stated his will to ignore the express statement (german) of the Constitutional Court. In September 2007 the minister of defence Jung declared in public, he would down a plane with innocent passengers, if he would recognize a state of emergency which would endanger other people. A law regulating this case has been declined by the Court in Karlsruhe which stated that weighting one innocent live against others would not be compatible with the German Basic Law.

Exactly this is the point where the grand coalition seemed to have lost the right measure and by doing so unwillingly worked in favour of the aims of the terrorism by promoting a climate of restraint, observation and mistrust in which the right of a single person were valued very little. Beside of the large costs the government sacrifies the freedom and the quality of the live of it’s people until in the end there will be nothing left worth to defend.

A party letting there prominent leaders so uncontradictly put in question the Federal Constitutional Court as a part and protector of the German Basic Law is bringing itself into suspicion of not totally accepting this law. This in my eyes could be interpreted as anticonstitutional behaviour. I would like to know which are the rules by which the Federal Office for the Protection of the Constitution has to start investigation and observation of political parties or persons. Due to the (still) immense political weight of the two largest german parties their position against the Constitutional Court scares me more than any other active extremist party.