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Transnational-Resilient Democracy. On the Conditions for Party Ban Proceedings in Interlegal Systems

Contribution

Nils Kohlmeier & Andreas Gutmann

2024

On 13.11.2024, a group of 113 members of the German Bundestag tabled a motion to initiate proceedings to ban the Alternative for Germany (AfD) party. The debate to date has focused on the requirements and prospects of success of a (partial) ban of the party from a constitutional perspective (in particular here and here). The national perspective threatens to distort the view of transnational interlegalities and does not do justice to the state of European integration.

The full contribution to the Verfassungsblog can be found here.

Verfassungsblog: On Constitutional Matters. Fachinformationsdienst für internationale und interdisziplinäre Rechtsforschung.

DOI: 10.59704/a7e38ff8456f72b2

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articulate

“Contradictions need to be articulated in order to exist.”

Martin Nonhoff
Afterlife of colonialism

“Contradiction comes in many different forms. None is so debilitating than when the coloniser transitions, textually not politically, to decoloniality without taking the responsibility for the afterlife of colonialism, which they continue to benefit from. Self-examination and self-interrogation of the relations of coloniality, a necessity, seem nearly impossible for the coloniser who continues to act as beneficiary, masked in the new-found language of White fragility, devoid of an ethical responsibility of the very system of White domination they claim to be against.” (Black Consciousness and the Politics of the Flesh)

Rozena Maart
name contradiction

“Contradiction becomes real where someone names contradiction.”

Ingo H. Warnke
diversity and plurality

“Join us to create more diversity and plurality in knowledge production.”

Gisela Febel
hierarchy of norms

“If social contradictions are reflected in law, law cannot form a hierarchy of norms free of contradictions.”

Andreas Fischer-Lescano