Streitbare Demokratie
Encyclopedia
The political system of the Federal Republic of Germany
is also called wehrhafte or streitbare Demokratie (fortified democracy). This implies that the government (Bundesregierung), the parliament (Bundestag
) and the judiciary are given extensive powers to defend the freiheitlich-demokratische Grundordnung (liberal democratic order) against those who want to abolish it. The idea behind the concept is the notion that even a majority of the people cannot be allowed to install a totalitarian or autocratic regime, thereby violating the principles of the German constitution, the Basic Law
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Politics of Germany
The Federal Republic of Germany is a federal parliamentary republic, based on representative democracy. The Chancellor is the head of government, while the President of Germany is the head of state, which is a ceremonial role but with substantial reserve powers.Executive power is vested in the...
is also called wehrhafte or streitbare Demokratie (fortified democracy). This implies that the government (Bundesregierung), the parliament (Bundestag
Bundestag
The Bundestag is a federal legislative body in Germany. In practice Germany is governed by a bicameral legislature, of which the Bundestag serves as the lower house and the Bundesrat the upper house. The Bundestag is established by the German Basic Law of 1949, as the successor to the earlier...
) and the judiciary are given extensive powers to defend the freiheitlich-demokratische Grundordnung (liberal democratic order) against those who want to abolish it. The idea behind the concept is the notion that even a majority of the people cannot be allowed to install a totalitarian or autocratic regime, thereby violating the principles of the German constitution, the Basic Law
Basic Law for the Federal Republic of Germany
The Basic Law for the Federal Republic of Germany is the constitution of Germany. It was formally approved on 8 May 1949, and, with the signature of the Allies of World War II on 12 May, came into effect on 23 May, as the constitution of those states of West Germany that were initially included...
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Tools of the 'Streitbare Demokratie'
Several articles of the German constitution allow a range of different measures to "defend the liberal democratic order" .- Art. 9 allows for social groups to be labelled "verfassungsfeindlich" ("hostile to the constitution") and to be prohibited by the federal government. Political parties can only be labelled enemies to the constitution by Germany's highest court, the Bundesverfassungsgericht (federal constitutional court), according to Art. 21 II.
- According to Art. 18, the Bundesverfassungsgericht can restrict the basic rights of people who fight against the "verfassungsgemäße Ordnung" (constitutional order). , this has never happened in the history of the Federal Republic.
- The federal and state bureaucracies can exclude people deemed "hostile to the constitution" from the civil service according to Art. 33. Every civil servant is sworn to defend the constitution and the constitutional order (BerufsverbotBerufsverbotBerufsverbot is an order of "professional disqualification" under German law. Berufsverbot may be called profession ban in English.A Berufsverbot disqualifies the recipient from engaging in certain professions or activities on the grounds of his or her criminal record, political convictions or...
). - According to Art. 20, every German citizen has the right to resistance against anyone who wants to abolish the constitutional order, though only as a last resortLast Resort-Music:*"Last Resort" , a song by Papa Roach from their 2000 album Infest*"Last Resort", a song by Katatonia on the album Discouraged Ones*The Last Resort , a 2006 album by the Danish electronic musician Trentemøller...
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