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- Title
Bevormundung und Zuversicht.
- Authors
Blankenagel, Alexander
- Abstract
The article "Paternalism and Confidence" by Alexander Blankenagel criticizes the decision of the Federal Constitutional Court on the federal emergency brake in November 2021. The author criticizes that important questions were not answered and that the decision unnecessarily restricted the civil liberties of society. He also questions the proportionality of the measures and criticizes the legislative prerogative of assessment. The article also mentions the court's first Brokdorf decision on the freedom of assembly and emphasizes the importance of this decision for political discourse outside of parliament. The court found a preventive ban on assemblies for the entire city of Freiburg to be constitutional and emphasizes the importance of freedom of assembly as a "small plebiscite" in representative democracies.
- Subjects
FEDERAL court decisions; FEDERAL courts; CIVIL rights; CIVIL society; PATERNALISM; PLEBISCITE
- Publication
Journal of Public Law / Zeitschrift für Öffentliches Recht, 2022, Vol 77, Issue 3, p489
- ISSN
0948-4396
- Publication type
Article
- DOI
10.33196/zoer202203048901