Anti-constitutionality
Anti- constitutional is the term used to describe people or organizations whose goals or ideas are directed against fundamental constitutional values.
In its 1952 prohibition ruling against the SRP , the Federal Constitutional Court defined the minimum principles of the free-democratic basic order of the Federal Republic. These are: "Respect for the human rights specified in the Basic Law (GG) , especially the right of the personality to life and free development, popular sovereignty , the separation of powers , the responsibility of the government, the legality of the administration, the independence of the courts, the multi-party principle and equal opportunities for all political partieswith the right to the constitutional formation and exercise of an opposition ”. A party that rejects these principles or acts against them is considered unconstitutional.
A party is only unconstitutional within the meaning of Article 21 (2) of the Basic Law if it violates this basic order or propagates violence as a means. The verdict on the KPD ban of 1956 therefore says: “Rather, there must be an active, combative, aggressive attitude towards the existing order. You must systematically impair the functioning of this order, want to eliminate this order itself in the further course. "
An active combative attitude towards the existing order could not be proven to the NPD until 2012.
On January 17, 2017, the Federal Constitutional Court refused to ban the NPD , because the aim of the NPD was the elimination of the free democratic basic order, but there was a lack of concrete evidence of weight that would at least make it seem possible that this action was intended for Success leads. The party is too far removed from democratically legitimized creative power.
The Adenauer decree of 1950 and the radical decree of 1972 focused on anti-constitutional activities .
Criminal prosecution in the event of a threat to the democratic constitutional state such as the anti-constitutional denigration of constitutional organs ( Section 90b of the Criminal Code) is also linked to the characteristic of anti-constitutionalism in the sense of an effort against constitutional principles. However, the allegation of a so-called contact guilt on the part of the defendant is not sufficient to provide legal evidence .
Individual evidence
- ↑ BVerfG, judgment of October 23, 1952 - 1 BvB 1/51
- ↑ BVerfG, judgment of August 17, 1956 - 1 BvB 2/51
- ↑ BVerfG, decision of March 18, 2003 - 2 BvB 1, 2, 3/01
- ↑ Toralf Staud: Camouflage maneuvers for those willing to use violence , Süddeutsche Zeitung of February 3, 2012.
- ↑ BVerfG, judgment of January 17, 2017 - 2 BvB 1/13 in particular No. 896 ff.
- ↑ The NPD is not worth a ban . NZZ . January 17, 2017. Retrieved January 18, 2017.