The right for freedom uniting in political parties: experience of Ukraine and the Federal Republic of Germany

Author(s):  
Olha I. Kosilova ◽  
Mykhailo H. Kravchenko ◽  
Ivan P. Fedirko
2021 ◽  
pp. 371-391
Author(s):  
I. D. Popov

The activity and political significance of the conferences of the Minister Presidents of the German states during the years of the institutionalization of the Federal Republic of Germany (1948—1949) are considered. It is concluded that in the absence of a number of significant central authorities, it was the conferences of the heads of state governments that played a coordinating role to fill them up on the German side. It is noted that the Minister Presidents also served as a converging point between the allies, the regional elite, political parties and bizone authorities. It is shown that various formats of work of heads of state governments at the interzonal level allowed them to take part in the discussion of almost all key problems of the western zones of occupation. It is emphasized that the two-zone meetings of the Minister Presidents with the military governors and the three-zone conferences of the Minister Presidents themselves, which in fact became the main instruments for reaching political compromises, had a particular impact. It is pointed out that this was especially clearly manifested during the discussion of the “Frankfurt Documents”. It is concluded that, at the same time, the dependence on the military administrations of the allies, the party elite and bizone authorities at the same time did not allow these conferences to evolve into something more than a platform for building consensus, and thereby pursue a full-fledged independent policy.


Author(s):  
Iryna Vereschahina

The article deals with the analysis of main problems of the role of new mass media, their relations with German political parties and development of media democracy in Federal Republic of Germany. Considering the rapid development of mass media the author investigates media as political instrument and autonomic political actor at the same time, analyses relations between the mass media and political parties, opportunity of changes in the parties, changes of party structure and the role of German parties. The process of „mediatization“ and its influence on the policy and party democracy is defined. The study found that the modern mass media have influence on public sector and political transformations and accelarate the progress of media democracy in Federal Republic of Germany as well.


Author(s):  
Nadezhda G. Geymbukh ◽  

Representatives of German state (constitutional) law define political extremism as "a set of political beliefs and aspirations... which are aimed at denying the democratic constitutional state and its fundamental values". Based on the definition, the criterion for recognising any "political belief or aspiration" as extremist is the notion of a democratic constitutional state. In line with this, the Federal Constitutional Court of the Federal Republic of Germany has given an expansive interpretation of a "free democratic state" that "constitutes a legal state order whose basis is the self-determination of the people according to the will of the majority, freedom and equality. It excludes all forms of despotism or arbitrariness. Among the basic principles of this order are at least: the protection of human rights as laid down in the Basic Law of Germany, the sovereignty of the people, the separation of powers, the responsibility of the government, the legitimacy of government, the independence of the judiciary and the principle of multi-partyism. According to article 21, paragraph 2 of the Basic Law of the Federal Republic of Germany (1949), political parties that "endeavour to harm or destroy the foundation of the free demo-cratic order or to endanger the existence of the Federal Republic of Germany" are declared unconstitutional by the Federal Constitutional Court of Germany. The possibility to ban political parties as provided for in the Basic Law of the Federal Republic of Germany guarantees the development of a democratic political system of the state. It is worth emphasising that the stability and democratism of the German political system and the stability of the constitutional order in the state depend not only on the prohibition provision in the Basic Law of the FRG, but above all on the ability of political parties to reach agreement on the basic principles of a "free democratic state system" and to implement these principles in the minds of the people. To realise these goals, Germany has the Federal Office for the Protection of the Basic Law of the Federal Republic of Germany of 1949, a public authority whose task is to control and supervise the legality of the activities of political parties. The forms of extremism in the Federal Republic of Germany are "left-wing extremism" and "right-wing extremism". In right-wing extremism, the older generation is gradually being freed from the aggressive youth, in an increased willingness to use force. Left-wing extremism has become less focused on global global themes - it has become more local and regional, more relatable and at the same time integrated. Because of the new nature of the development of extremism in a united Germany a left-right antagonism has emerged. At the same time, different tendencies of West and East Germany can be observed: in West Germany the struggle "left vs. right" prevails, in East Germany the struggle "right vs. left" prevails.


2020 ◽  
Vol 6 (2) ◽  
pp. 190
Author(s):  
Christoph Enders

The Basic Law for the Federal Republic of Germany did originally not provide for social or economic rights understood as claims to benefits. The Federal Constitutional Court (FCC) did, indeed, recognise the states obligation to protect individuals against assault by others (right to security) and further ruled that everyone has the right to use facilities provided by the state under equal conditions (right to participation). These rights, however, aim to ensure that the state uses existing means as intended. In addition, the FCC by now has recognised a “right to the guarantee of a dignified minimum subsistence”. It is an original entitlement as the state is obliged to create and provide benefits for individuals in need. This new legal construction, however, misconceives the division of responsibilities between the FCC and the legislator and collides with the principle of the separation of powers


Author(s):  
Peter C. Caldwell

The social rule of law, or social Rechtsstaat, was a second key term used in the first decade of the Federal Republic of Germany to justify extensive state interventions into society, so long as they preserved individual freedoms. Individual freedoms—such as the right to free speech, the right to enter and exit contracts, and the right to own property—required some kind of social supplement to ensure real freedom, or so the term suggested. By cementing this principle in the Basic Law, the founders opened up a debate about the justification, nature, and extent of the welfare state. Some, like Ernst Forsthoff, rejected the entire discussion as non-sensical; others, like Wolfgang Abendroth, viewed the constitutional concept as a spur to social reform. While this debate took place among lawyers, its real significance lay in the way it articulated the relationship between social policy and democracy.


2021 ◽  
Author(s):  
Andrii Kudriachenko

Abstract. Summing up the modern course of events regarding political leadership in Germany and on the basis of activities of eight chancellors, the author contends the following: The decisive factor in ascension to the political Olympus is the affiliation with either of the two parties, the SPD or the CDU/CSU union, with the nominee’s leadership qualities and political acumen playing an essential role. Even if these conditions are met, the contender’s choice of situation and time where these qualities would be sought after is quite important. It was the political developments of a certain historical era that became an imperative for some politicians to take the reins of power and use them to the full extent. Indeed, at turning points in the history of the Federal Republic, the most crucial decisions were prepared at the German Chancellery and made unilaterally by the chancellor. The author of the article emphasises that chance cannot be ruled out. To become a successful leader in Germany, the much-needed person must be in the right place at the right time. Proof of that is the example of German federal chancellors. The political landscape, democratic footing, and well-structured state and political set-up have enabled only two political parties, the CDU/CSU and the SPD, to nominate from their ranks those who could become national leaders of their historical epoch. The basis of ‘chancellor democracy’ as a system of state and political power has never impeded but enabled such ascension for outstanding personalities. Quite a few of them have become some sort of fathers of the nation. Able leadership that has benefited national interests and fitted into the plane of German development prospects has defined the personal success of both political figures and public officials of national scope. Keywords: Federal Republic of Germany, federal chancellor, political landscape, SPD, CDU/CSU.


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