– #Somewhat of a Miracle[1] has been emerging in Germany | An audio-visual lesson[2] for Germans, Americans and The Rest of The World –
No country has relied on criminal law to deal with its communist past as much as Germany. ... Why does Germany in particular show such a zeal for criminal law? What distinguishes Germany from other countries with a communist past? ... Is this due to needs on the part of the German judiciary to coping with communist injustice as means of overcoming the neglection of criminally prosecuting National Socialist injustice? ... However what a strange need and idea this would be, one could offset different historical contexts against each other. ... (Bernhard Schlink, Rule of Law and Revolutionary Justice)
Frequent argueing, banning an extremist party tacitly strengthened her movement's popular growth and ideology's societal impact hasn't been sufficiently refuted yet; at least not as far as right-wing extremism has been concerned.
Extremist collective sentiment being admitted a Faction's legitimate status and being granted a Party's[4] legal authority is much more powerful than a club[5] or registered organisation[6]. This holds specifically true by means of entitlement to significant political Party Funding[7] and other kinds of eligibities to support, rendering financial and economical impetus, as much as yielding a significant amplification of political and social momentum.
The manifestation of a radicalist Entity being awarded Decency and Officiality, may eventually appear to have established a publicly normalised and socially acceptable brand, gaining profits from investing in the tangibles and intangibles of innate authoritarianism and totalitarian bias inherent in society.
Under such a political party's aegis, her Members and Supporters, in a way, have licence to concertedly and virulently engaging in public Demagoguery and Agitation, without being held accountable for a variety of Offences e.g. occasioning Insult[8], Discrimination[9], Racism[10], Incitement[11] as much as corporal Punishment[12], otherwise commonaly persecuted and punished under criminal law.
In fact, the political party won't not be held accountable for such kind of implicty or explicitly prevailing Necrophilia and Execution of collective Aggression. Corresponding Acts of Violence precipitating from Party Politics are rather individualised, i.e. penal consequences are simply dumped on scape goats having been originally attracted, socialised and primed by violent Party sentiment. As a last resort, exclusion from party membership is obviously always an option.
[13]
In 1928, constitutional lawyer and later on federal constitutional judge Gerhard Leibholz gave his inaugural lecture, which was published under the title "On the Problems of Fascist Constitutional Law". This study represents a largely unrecognised key to understanding Leibholz's theory of the Party-State. Contemporary German and Italian literature are conducive to proving that Leibholz based his Theory of the Party-State, among other things, on the Fascist One-Party‘s role model. The according study is not only of legal-historical interest, but also approves of contemporary legal significance, since Leibholz's Theory has had sustainable impact the Federal Constitutional Court‘s jurisprudence and thus on today's view of Political Parties to this day. (Susanne Benöhr, The Fascist Constitutional Law of Italy from the Perspective of Gerhard Leibholz)
Concludingly, the constitutional lack of a banning an inherently criminal political party should be paradoxically considered a judicial approval of a somewhat criminal organisation.
Do you get it?!
Frame of Reference
Never Break Leviathan‘s Sleep! - Cal Caleido’s Substack
‘Chance‘ Magoo & The Arsonists!
Alleman(n)iac Transformers in Concert
Behemoth’s Unresolved Simplexities!
Withstanding Êpitomes of Destrûctiveness!
Fiat Iustitia Et Pereat Mundus
[1] About 200,000 people protest across Germany against far-right AfD party | Germany | The Guardian ––– Politicians from Germany’s AfD met extremist group to discuss deportation ‘masterplan’ | Alternative für Deutschland (AfD) | The Guardian ––– German Far-Right AfD Party Loses Ground After Mass Protests - Bloomberg
[2] The Rise Of The Nazi Party Pt. 1 : Martin Hughes : Internet Archive ––– The Rise Of The Nazi Party Pt. 2 : Martin Hughes : Internet Archive
[3] Bernhard Schlink, Rule of Law and Revolutionary Justice (hu-berlin.de) ––– note: Thesis only available in German in various formats of publication. However, online-translation applications should be rendering sufficient insight into Bernhard Schlink’s train of thought.
[5] Club (organization) (Wikiped)
[6] registered organisation Definition: 115 Samples | Law Insider
[7] Political party funding (Wikiped)
[8] Insult Definition & Meaning | Britannica Dictionary
[9] Discrimination Definition & Meaning | Britannica Dictionary
[10] Racism Definition & Meaning | Britannica Dictionary
[11] Incitement | criminal law | Britannica
[12] Corporal punishment | Definition, Types & Effects | Britannica
[13] Susanne Benöhr - The Fascist Constitutional Law of Italy from the Perspective of Gerhard Leibholz (perspectivia.net) ––– note: Book only available in German in various formats of publication. However, online-translation applications should be rendering sufficient insight into Susanne Benöhr’s findings.
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