scholarly journals Introduction to the German constitution protection law (VERFASSUNGSSCHUTZRECHT)

2017 ◽  
pp. 11-17
Author(s):  
CODRIN TIMU
Keyword(s):  
Second World War ◽  
Constitutional Court ◽  
World War ◽  
Legal Norms ◽  
Democratic State ◽  
German Constitution ◽  
Federal Constitutional ◽  
The Right ◽  
Democratic Procedure ◽  
Second World

The German constitution protection law represents the entirety of legal norms, which aim towards the protection of the free democratic fundamental order of Germany and towards the existence and security of the federation or of a land. The article represents a short introduction to this law domain and details its fundaments and its actual regulation. As early as 1952 the Federal Constitutional Court of Germany defined the expression “free democratic fundamental order of Germany” as being one of the main objects of protection and defense of the German offices for the protection of the constitution. Handling with this subject has a specific importance, because Germany (as well) is one democratic state that adopted in the constitution a “democratic anti-extremist ideology”. The principle of militant democracy (wehrhafte Demokratie) was adopted by the constitutional legislator as a solution to the “democratic dilemma” of the 1920s, when the constitutionalists of the time asked themselves, if a democracy should have the right to dissolve itself through a democratic procedure. In this way, Germany created after the Second World War the offices for the protection of the constitution.

Chile, Spain and Latin America: The Right of Asylum at the Onset of the Second World War

1990 ◽  
Vol 22 (1-2) ◽  
pp. 353-374 ◽  
Author(s):  
Jean Grugel ◽  
Monica Quijada
Keyword(s):  
Latin America ◽  
Latin American ◽  
Second World War ◽  
Popular Front ◽  
World War ◽  
Franco Regime ◽  
To Come ◽  
The Right ◽  
Nationalist Government ◽  
Second World

In December 1938 an alliance of the Radical, Communist and Socialist parties took office in Chile, the first Popular Front to come to power in Latin America. A few months later, in Spain, the Nationalist forces under Generalísimo Franco occupied Madrid, bringing an end to the civil war. Shortly after, a serious diplomatic conflict developed between Spain and Chile, in which most of Latin America gradually became embroiled. It concerned the fate of 17 Spanish republicans who had sought asylum in the Chilean embassy in the last days of the seige of Madrid, and culminated in July 1940 when the Nationalist government broke off relations with Chile. Initially, the issue at the heart of the episode was the right to political asylum and the established practice of Latin American diplomatic legations of offering protection to individuals seeking asylum (asilados). The causes of the conflict, however, became increasingly obscured as time went on. The principles at stake became confused by mutual Spanish– Chilean distrust, the Nationalists' ideological crusade both within Spain and outside and the Chilean government's deep hostility to the Franco regime, which it saw as a manifestation of fascism. The ideological gulf widened with the onset of the Second World War. This article concentrates primarily, although not exclusively, on the first part of the dispute, April 1939–January 1940. In this period asylum, which is our main interest, was uppermost in Spanish–Chilean diplomatic correspondence.

scholarly journals Remembering who owns the river

2018 ◽  
Vol 46 (22_suppl) ◽  
pp. 5-9
Author(s):  
Gerard Hastings
Keyword(s):  
Collective Identity ◽  
Moral Agency ◽  
Second World War ◽  
World War ◽  
Global North ◽  
Health Progress ◽  
The Right ◽  
Lifestyle Diseases ◽  
First Time ◽  
Second World

We have discovered the elixir of life. For the first time in human existence we now know how we can avoid disease, make our lives healthier and more fulfilled, and even fend off the grim reaper himself (at least for a while). We may not have joined the immortals – many traps and snares continue to prey on us – but we are beginning to learn some of their secrets. Why then are we failing to grasp these heady opportunities? WHO data show that nine out of ten of we Europeans are dying of lifestyle diseases; that is diseases caused by our own choices – self-inflicted diseases. Despite the all too familiar consequences for our bodies, we continue to smoke the tobacco, swallow the junk food and binge on the alcohol that is killing us. Yes, there are systemic drivers at work – commercial marketing, corporate power, inequalities, addiction – but we don’t have to collaborate. No one holds a gun to our heads and commands us to eat burgers or get drunk and incapable. This paper argues that public health progress – and human progress more widely – depends on us solving the conundrum of this self-inflicted harm. The urgency of this task increases when we consider our irresponsible consumption behaviour more widely, and that it is not just harming our own health but everyone else’s too. Most egregiously anthropomorphic climate change is being caused by the free choices we in the wealthy global north make to drive SUVs, go on intercontinental holidays and accumulate a foolish excess of stuff. It need not be so. Historical experience and two millennia of thinking show we are capable of better. We have moral agency and we can make the right choice even when it is the difficult one. Indeed, it is this capacity and desire ‘ to follow after wisdom and virtue’, to rebel against injustice and malignancy, that makes us human and cements our collective identity. In the last century this realisation was focused by the terrible events of the Second World War and resulted in the formation of the United Nations and the Universal Declaration of Human Rights. Importantly these rights do not just protect us from oppression but enshrine in international law our entitlement to be an active participant in the process of progressive social change.

Visualizing second world war violence through an Atlas of Nazi–Fascist Repression

2021 ◽  
Author(s):  
Giovanni Pietro Vitali
Keyword(s):  
Second World War ◽  
Italian Society ◽  
World War ◽  
The Right ◽  
Second World ◽  
Italian Territory ◽  
Unique Dataset

Abstract In Italy’s complex political past, the memory of resistance against nationalism has always been at the centre of political clashes between the right and the left. Considering that the memory of the Second World War (WWII) is still alive in Italian society, an analysis of the violence perpetrated by the Fascists and Nazis on Italian territory in this period is a way to discuss the historical responsibilities of both. This article aims to oppose this instrumental use of history. The aim of this work is to show how violence was exerted against Italian civilians during WWII through a spatial and statistical inquiry. I created an Atlas of Nazi–Fascist Repression combining three different databases into a unique dataset.

Negative Impact of Ideology in Albanian Literature

2019 ◽  
pp. 124-142
Author(s):  
Marisa Kerbizi ◽  
Edlira Tonuzi Macaj
Keyword(s):  
Political Ideology ◽  
Negative Impact ◽  
Second World War ◽  
The Political ◽  
World War ◽  
Practical Tool ◽  
Theoretical Frame ◽  
Interpretative Approach ◽  
The Right ◽  
Second World

Ideology as a form of ideas and as a practical tool with determinative purposes in certain circumstances may become very influential and risky, too. Albanian literature, as one of the East Bloc countries where communism was installed as a political system after the Second World War, severely suffered the ideology consequences in art. The purpose of this research is to focus on some problems related to the limitations, restrictions, deviation, regression created by ideology in literature. Concrete case studies will complete the theoretical frame through the analytical, historical, aesthetical, and interpretative approach. The hypothesis sustains the idea that the political ideology of the Albanian dictatorial system has found many ways to damage the most representative authors and their artistic works of Albanian literature. The ideology claimed “the compulsory educational system” by interfering in the school textbooks, by excluding several authors from those textbooks, by denying their inclusion or the right for publication, or even by eliminating them physically.

The Secularized State

2020 ◽  
pp. 220-236
Author(s):  
Ernst-Wolfgang Böckenförde ◽  
Mirjam Künkler ◽  
Tine Stein
Keyword(s):  
Religious Freedom ◽  
Religious Faith ◽  
The State ◽  
Religious Communities ◽  
Constitutional Court ◽  
Freedom Of Association ◽  
Democratic State ◽  
Federal Constitutional ◽  
Freedom Of Belief ◽  
The Right

In this article Böckenförde contrasts his concept of open encompassing neutrality (found in most Scandinavian countries and in Germany) with that of distancing neutrality, as practised in France. While the latter champions negative religious freedom, open encompassing neutrality aims for a balancing of negative and positive religious freedom. Religious freedom for Böckenförde is multidimensional and includes the right to have (or not) a religious faith (freedom of belief), to affirm (or not) this faith privately and openly (freedom to profess), to exercise (or not) one’s religion publicly (freedom of worship), and to join together (or not) in religious communities (religious freedom of association). The correlate to these individual and group rights is the open and overarching principle of the state’s neutrality towards religion and other worldviews, entailing a prohibition on the state justifying law on religious grounds. Furthermore, it requires the state not to privilege religion over non-religion and one religious faith over another. Siding with the ruling of the Federal Constitutional Court (at a time when he was not a sitting judge), Böckenförde underlines that even religious communities who reject the democratic state have the right to be recognized and legally protected. What matters is not whether communities accept or reject the state, but whether they obey or violate its laws. This was the court’s view on the Jehovah’s Witnesses, and it must also be applied, Böckenförde writes, to religious fundamentalists who do not accept the secular order, as long as they do not violate any laws.

scholarly journals Land policy in France and its consequence for the farmers

2012 ◽  
Vol 49 (No. 4) ◽  
pp. 166-172
Author(s):  
Boinon JP
Keyword(s):  
Agricultural Sector ◽  
Second World War ◽  
Land Policy ◽  
World War ◽  
Institutional Determinants ◽  
The Right ◽  
Land Policies ◽  
Second World ◽  
Tenant Farming ◽  
Fast Evolution

This paper is related to the application of the land policies implemented in France in 2nd half of the 20th century, and their consequences on the economy of the agricultural sector and the operation of the farms. Starting from a framework of historical and institutional analysis, the object of this research is to analyse the economic and institutional determinants of these land policies. In France of small landowners, the existence of the right of ownership is considered as an obstacle for a fast evolution of the structures of farms which are sufficient size to implement technological progress allowing the profits of productivity. The aim of the land policy followed in France since the end of the Second World War was to encourage the development of such farms. The main measures were the statute of the tenant farming, the control of the structures and the control of the land market by the SAFER. This policy is implemented at a departmental level by the representatives of the Farmers Unions and generally supports the access to the land for young farmers or the middle-sized farmers.

Narrating the Second World War in Denmark since 1945

2005 ◽  
Vol 14 (3) ◽  
pp. 295-315 ◽  
Author(s):  
NILS ARNE SØRENSEN
Keyword(s):  
Political Culture ◽  
Second World War ◽  
World War ◽  
Anders Fogh Rasmussen ◽  
The 1960S ◽  
War Experience ◽  
The Right ◽  
Resistance Movement ◽  
Second World

After the liberation in 1945, two conflicting narratives of the war experience were formulated. A consensus narrative presented the Danish nation as being united in resistance while a competing narrative, which also stressed the resistance of most Danes, depicted the collaborating Danish establishment as an enemy alongside the Germans. This latter narrative, formulated by members of the resistance movement, was marginalised after the war and the consensus narrative became dominant. The resistance narrative survived, however, and, from the 1960s, it was successfully retold by the left, both to criticise the Danish alliance with the ‘imperialist’ United States, and as an argument against Danish membership of the EC. From the 1980s, the right also used the framework of the resistance narrative in its criticism of Danish asylum legislation. Finally, liberal Prime Minister Anders Fogh Rasmussen started using it as his basic narrative of the war years (partly in order to legitimise his government's decision to join the war against Iraq in 2003). The war years have thus played a central role in Danish political culture since 1945, and in this process the role of historians has been utterly marginal.

The Christian Democracy of A. D. Lindsay

1986 ◽  
Vol 34 (3) ◽  
pp. 441-455 ◽  
Author(s):  
Graham Maddox
Keyword(s):  
Democratic Theory ◽  
State Power ◽  
Religious Faith ◽  
Political Activism ◽  
Second World War ◽  
Voluntary Association ◽  
World War ◽  
Christian Democracy ◽  
Democratic State ◽  
Second World

Much of value in the conception of a democratic state, evident in the work of several English and American scholars writing around the time of the Second World War, but most forcefully presented by A. D. Lindsay, has been overlooked by contemporary scholarship. Lindsay combined a ‘realist’ acceptance of state power with a finely-tuned appreciation of the possibilities of citizenship. His distinctive contributions to democratic theory, focusing on discussion, state power, the sovereignty of the constitution, voluntary association and the creativity of democracy, are well worth re-examination, even if in the end for Lindsay political activism was merely a necessary adjunct to religious faith.

scholarly journals O PARADIGMA DO ESTADO DEMOCRÁTICO DE DIREITO: ESTRUTURA CONCEITUAL E DESAFIOS CONTEMPORÂNEOS

2019 ◽  
Vol 2 (55) ◽  
pp. 485
Author(s):  
Mauricio Godinho DELGADO ◽  
José Roberto Freire PIMENTA ◽  
Ivana NUNES
Keyword(s):  
Western Europe ◽  
Case Law ◽  
The United States ◽  
Second World War ◽  
Liberal State ◽  
Democratic State ◽  
The Social ◽  
German Constitution ◽  
The Republic ◽  
Second World

RESUMOO constitucionalismo ocidental caracteriza-se pela presença de três paradigmas mais destacados. O mais antigo, denominado de Estado Liberal de Direito, originário dos documentos constitucionais do século XVIII dos EUA e da França, foi antecedido pelo pioneirismo constitucional britânico, de origem costumeira, jurisprudencial e parlamentar, desde o século XVII. No Brasil, teve influência na Constituição de 1891. O paradigma do Estado Social de Direito, oriundo dos documentos constitucionais da segunda década do século XX, como a Constituição do México, de 1917, e a Constituição da Alemanha, de 1919. No Brasil, despontou na Constituição de 1934, desenvolvendo-se também na Constituição de 1946. Por fim, o paradigma do Estado Democrático de Direito, também chamado de Constitucionalismo Humanista e Social, foi arquitetado em países da Europa Ocidental a partir de 1945/46, logo depois do término da Segunda Grande Guerra. Esses três paradigmas são estudados neste texto, com o objetivo de melhor compreender as características inerentes ao paradigma do Estado Democrático de Direito. Tal paradigma, a propósito, chegou ao Brasil apenas por intermédio da Constituição da República de 1988. O presente estudo também analisa as adversidades e os desafios que tem sido antepostos ao novo paradigma constitucional nas últimas décadas no Ocidente. PALAVRAS-CHAVE: Paradigmas Constitucionais; O Estado Democrático de Direito como Novo Paradigma Constitucional; Desafios ao Constitucionalismo Humanista e Social. ABSTRACT Western constitutionalism is characterized by the presence of three main paradigms. The oldest, known as the Liberal State, arising from the constitutional documents of the eighteenth century in the United States and France, was preceded by the pioneering British constitutionalism, of customary, case law, parliamentary origins, since the seventeenth century. In Brazil, it influenced the Constitution of 1891. The Social State paradigm originated in the constitutional documents of the second decade of the twentieth century, such as the Mexican Constitution of 1917 and the German Constitution of 1919. In Brazil, this paradigm emerged in the Constitution of 1934 as well as in the Constitution of 1946. Finally, the Democratic State paradigm, also called Humanist and Social Constitutionalism, was designed in Western Europe from 1945/46 onwards, shortly after the end of the Second World War. These three paradigms are studied in this text in order to better understand the inherent characteristics of the Democratic State paradigm. This paradigm, incidentally, only reached Brazil through the Constitution of the Republic of 1988. The present study also analyzes the adversities and challenges faced by the new constitutional paradigm over the past decades in the West. KEYWORDS: Constitutional Paradigms; The Democratic State as a New Constitutional Paradigm; Challenges to Humanist and Social Constitutionalism.

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