Wicked Pilot wrote:It is my understanding that the German constitution outlaws the Nazi party. That brings me with two questions for the various Germans we have here on SD.net;
1. Does this prohibition really exist in the constitution, and to what extent of association does it cover?
2. In your personal opinion as a German, do you think that this prohibition of a particular political party is a good and/or necessary law?
1. Yes and no. The german constitution does not outlaw the nazi party. It does outlaw "organizations and political parties that attack the free-democratic-basic-order of the german republic in an offensive, aggressive and threatening way". this was done twice to the nazi party in ´49 and to the KP in the late 50s (IIRC). It was attempted against the NPD (neo-nazi-skinhead scumbags) last year but failed and the party still exists.
2. Yes I personally think it is a good law. First it protects things that are not meant to change however much the voters are being idiots and want it. Free democratic basic order in this context refers only to the form of government (federation/democracy) and to the first 17 articles of the basic law which are designated unchangeble anyway.
Second you got to understand that the threshold before this law can be applied is very high. "in an offensive, aggressive and threatening way" means that for being eglible for banning a organisation not only needs to be
offensive to the afromentioned values it has to try and
agressively promote it´s agenda (try and convert people/spread) and enjoy some level of success in their efforts, thus being actualy
threatening to that order. That last point being the reason the kommunist party was banned while the even more radical marxist party wasn´t. It never became large enough to be taken serious.
Oh, and on topic: the basis for proseciuting this guy and others who wear swastikas, SS-runes or whatever is that they plead allegiance to a banned organization and imply support for violations of the basic law (said 17 articles). This guy in question does deserve
some kind of punishment but not 3 years, and he won´t get them.