By Peter E. Quint
Within the Nineteen Eighties the West German Peace stream -- fearing that the stationing of NATO nuclear missiles in Germany threatened an approaching nuclear battle in Europe -- engaged in vast protests, together with sustained civil disobedience within the type of sit-down demonstrations. Civil Disobedience and the German Courts lines the old and philosophical heritage of this move and follows a gaggle of demonstrators via their trials within the German felony courts as much as the German Constitutional court docket -- during which their destiny was resolute in very important constitutional situations. during this context, the quantity additionally analyzes the German Constitutional courtroom, as a very important establishment of presidency, in comparative viewpoint. The booklet is the 1st full-length English language remedy of those occasions and constitutional judgements, and it additionally areas the choices at a tremendous turning-point in German constitutional background.
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Additional resources for Civil Disobedience and the German Courts: The Pershing Missile Protests in Comparative Perspective (UT Austin Studies in Foreign and Transnational Law)
Declaring that the missiles would threaten a nuclear war in Germany, nine university professors and others sought an order to stop the deployment. 29 At the very least, they maintained, an express statute of Parliament would be necessary if these crucial rights were to be threatened in this manner. ” Indeed, the protestors argued, the stationing of the rockets presented a threat of atomic catastrophe and thus also 27 28 29 30 31 For a detailed description of the Constitutional Court and its jurisdiction, see Chapter 3.
Carl Kabat House remains in the hands of the remnants of those who were active in the anti-missile protests in Mutlangen. , 68 BVerfGE, 103. 26 The anti-missile demonstrations played a Bach cantata on a Flügelhorn, we translated . . the Lord’s prayer [into English]—at which a soldier took oﬀ his helmet. . We—that is to say, particularly the older generation—spoke with the . . soldiers. . The men and women [of our group] spoke of their experiences under National Socialism and in World War II, and of their understanding of our personal responsibility for maintaining peace—in contrast with the obedience [to the regime, which was prevalent] in Nazi Germany.
In an action brought by the parliamentary caucus of the Greens Party, the Court found that the executive branch of government was entitled to decide on 32 33 34 35 36 Ibid. , 53. , 57–58. Indeed, the Constitutional Court had previously considered risks of future dangers in cases involving the regulation of nuclear power plants. , 49 BVerfGE, 89 (1978) (Kalkar). 66 BVerfGE, 58–62. , 64–65. See v. Münch, 1984 NJW, 581. For commentary on this decision, see Hansjörg Reichert-Hammer, Politische Fernziele und Unrecht, 162–65 (Berlin: Duncker & Humblot 1991).
Civil Disobedience and the German Courts: The Pershing Missile Protests in Comparative Perspective (UT Austin Studies in Foreign and Transnational Law) by Peter E. Quint