Civil Disobedience and the German Courts: The Pershing by Peter E. Quint

By Peter E. Quint

Within the Eighties the West German Peace circulate -- fearing that the stationing of NATO nuclear missiles in Germany threatened an coming near near nuclear battle in Europe -- engaged in sizeable protests, together with sustained civil disobedience within the kind of sit-down demonstrations. Civil Disobedience and the German Courts strains the old and philosophical historical past of this circulation and follows a gaggle of demonstrators via their trials within the German legal courts as much as the German Constitutional court docket -- during which their destiny was resolute in very important constitutional circumstances. during this context, the quantity additionally analyzes the German Constitutional courtroom, as a very important establishment of presidency, in comparative standpoint. The ebook is the 1st full-length English language therapy of those occasions and constitutional judgements, and it additionally areas the selections at an incredible turning-point in German constitutional historical past.

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Additional info for Civil Disobedience and the German Courts: The Pershing Missile Protests in Comparative Perspective (UT Austin Studies in Foreign and Transnational Law)

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51 This stand-off lasted for about four hours—until the protestors were finally carried away by the police. The dramatic blockade of missiles on maneuvers in the forest was, however, the exceptional case. As at Großengstingen, the more typical demonstration consisted of small groups of individuals—frequently no more than 10 or 15 persons; that is, one “affinity group”—who sat down in front of the main gate in order to block the route of a truck or convoy that sought to enter the missile base. Typically, the protestors would remain peacefully sitting or standing in the road until—after the ritual warnings to disperse—they were carried away by police.

This alienation of authority—the opponents argued—violated the general constitutional requirement that German statehood be preserved. 28 The first of these cases was filed immediately before the Pershing rockets were due to arrive in Mutlangen in the autumn of 1983. Declaring that the missiles would threaten a nuclear war in Germany, nine university professors and others sought an order to stop the deployment. 29 At the very least, they maintained, an express statute of Parliament would be necessary if these crucial rights were to be threatened in this manner.

Burns and van der Will, 11. See Wesel, Die verspielte Revolution, 109. , 182–91, 257–67; Schmitt Glaeser, Private Gewalt, 34–36. Wesel, Die verspielte Revolution, 160–68; Busche, 118–19. The anti-missile demonstrations 33 movement, including the political party of the Greens. 85 Indeed, a rejection of the use of force was seen as the major distinction between the mainstream peace movement and its more radical counterparts. 86 During the 1970s, for example, the ecological movement engaged in massive protests which were directed particularly against the construction of nuclear power plants.

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