Article 79 provides that the Basic Law may be amended by an absolute two-thirds majority of the Bundestag and the Bundesrat. Such a vote shall not eliminate any of the principles underlying Articles 1 and 20 as defined in the eternity clause or eliminate or affect the essence of any of the fundamental rights originally referred to in Articles 1 to 19; [32] may, however, clarify, extend or refine these original fundamental principles and rights. However, where Articles 1 to 20 have subsequently been amended or extended, additional words and expressions are not protected by the eternity clause, but may be amended or deleted under normal constitutional procedure. Article 142 [Reservation to Fundamental Rights in State Constitutions] (b) Protection of the free democratic fundamental order, existence and security of the federation or of a country (Protection of the Constitution) and Article 1 [Human dignity – human rights – legally binding nature of fundamental rights] The authors of the Basic Law wanted to ensure that a potential dictator could never again return to power in the country. Although part of the Basic Law is based on the Constitution of the Weimar Republic, the authors have also elevated human rights and human dignity to the status of fundamental values protected by the Basic Law. The principles of democracy, republicanism, social responsibility and federalism are central elements of the Basic Law; the fundamental principles and rights on which these articles are based are enshrined in the Constitution; and Although some of these articles have since been reformulated, expanded or refined, they should not be deleted or repealed by the normal amending procedure. (2) Laws relating to defence, including the protection of the civilian population, may provide for a restriction of the fundamental rights to freedom of movement (Article 11) and to the inviolability of housing (Article 13). This article presents confidential communication as a fundamental right. No one is allowed to read our letters, emails or messages or listen to our phone calls. Even parents, partners, teachers or the police cannot open our packages, and letter carriers, for example, cannot reveal where a letter or parcel is coming from.
In the preamble to the Basic Law; its adoption was declared an action of the “German people”; and Article 20 states: “All power of the State comes from the people.” These declarations embody the constitutional principles that “Germany” in the Basic Law must always be identified with the German people; and that the German people act constitutionally as the principal institution of the German state. If the Basic Law refers to the territory under the jurisdiction of that German State, it designates it as “federal territory”; this avoids any conclusion on the existence of a constitutionally justified “German territory”. Article 23 [European Union – Protection of fundamental rights – principle of subsidiarity] (2) This right may be restricted only by law or by virtue of a law and only in cases where the absence of adequate means of support would entail a particular burden on the Community or where such a restriction is necessary to avoid an imminent threat to the existence or free democratic fundamental order of the Federation or of a country. to combat the risk of an epidemic, to respond to a serious accident or natural disaster, to protect young people from serious negligence or to prevent crime. According to this article, houses (private rooms) are protected – no one is allowed to enter an apartment without permission or listen to residents or put them under surveillance. The same goes for all private rooms, whether it is an apartment, a house, a tent, a room in a shared accommodation, etc. This article stipulates that all German citizens can set up associations and companies, such as limited liability companies. It can pursue a good cause (like protecting bees or helping the homeless) – or be a for-profit business. Individuals can form groups and fight together for common goals.
However, it is forbidden to found an association that violates the law. The creation of a club of right-wing extremists or terrorists is therefore prohibited. Article 91e [Cooperation in basic support for jobseekers] 4a on constitutional complaints which may be lodged by any person who claims that any of his fundamental rights or one of his rights under Article 20(4) or Articles 33, 38, 101, 103 or 104 has been infringed by public authorities; (3) Parties which, by reason of their objectives or the conduct of their supporters, aim to undermine or abolish the fundamental free democratic order or to endanger the existence of the Federal Republic of Germany shall be excluded from State funding. If such an exclusion is established, any tax advantage granted to those parties and to payments made to those parties shall cease. (3) The Federation shall ensure that the constitutional order of the Länder complies with fundamental rights and with the provisions of paragraphs 1 and 2 of this Article. (2) Parties which, on the basis of their objectives or the conduct of their supporters, wish to undermine or abolish the fundamental free democratic order or endanger the existence of the Federal Republic of Germany are unconstitutional. The experience of the Weimar Republic has led to a widespread public perception that the principles of representative democracy and the rule of law are inherently in conflict with each other; and the Parliamentary Council, which drafted the Basic Law, was well aware that their militant pro-democratic ideals were anything but universally shared in the dark context of Germany in 1949. Together with the Federal Constitutional Court, they have thus incorporated into the Basic Law a solid instrument for the supervision of the “free democratic fundamental order” of the Federal Republic, which represents a “shocking transfer of judicial power”.
[19] Unlike the U.S. Supreme Court, the Federal Constitutional Court has exclusive jurisdiction only for constitutional matters, but also for those matters; All other courts must refer constitutional cases to them. The intention of the authors of the Basic Law was for this court to go far against any tendency to slide into undemocratic paths; “a strict but benevolent guardian of an immature democracy that cannot quite trust itself.” [20] As such, the Federal Constitutional Court had the power to prohibit political parties whose objectives or actions threatened “the fundamental free democratic order.” 3. Conscripts who are not called upon to serve in accordance with paragraph 1 or 2 may, when a State of defence is in force, be assigned, by law or by law, to employment in the civilian services for defence purposes, including the protection of the civilian population; They may be assigned to employment in the civil service only in the exercise of police functions or other sovereign tasks of the public administration which may be performed only by persons employed in the public service. The employment provided for in paragraph 1 of this paragraph may include services within the armed forces, in the supply of military supplies or with public administrative authorities; Assignments related to the care and care of the civilian population are permitted only to cover their basic needs or to ensure their safety. (2) Unless otherwise provided for by Federal Law, the approval of the Federal Council shall be required for statutory ordinances of the Confederation or of a Federal Minister on charges or principles for the use of postal and telecommunications facilities, basic principles for the collection of charges for the use of federal railway installations or the construction and operation of railways, as well as for legal ordinances issued in accordance with federal laws, which require the agreement of the Federal Council or which are carried out by the Länder on behalf of the Confederation or independently. Fundamental rights are fundamental rights in the Basic Law, unlike the Weimar Constitution, which simply lists them as “state objectives”. In accordance with the mandate of respect for human dignity, the entire power of the State is directly obliged to guarantee these fundamental rights. Kind. 1 GG for the Basic Law, which guarantees this principle “human dignity is inviolable” and that human rights are the directly applicable law, as well as the general principles of the State in Article 20 GG, which guarantees democracy, republicanism, social responsibility and federalism, remain under the guarantee of sustainability referred to in Article 79, paragraph 3, i.e. the principles underlying these clauses cannot be deleted even then, if the normal amending procedure is followed.
