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German Emergency Acts
The German Emergency Acts (') were passed on 30 May 1968 at the time of the ''Grand coalition, First Grand Coalition'' between the Social Democratic Party of Germany and the Christian Democratic Union of Germany. It was the 17th constitutional amendment to the Basic Law for the Federal Republic of Germany, Basic Law, adding emergency clauses to ensure the Cabinet of Germany, federal government's ability to act in crises such as natural disasters, uprisings or war. The inclusion of emergency laws in the German Basic Law was one condition imposed by the Allies of World War II, Allies before they would transfer full sovereignty to the Federal Republic of Germany after the Second World War. This was in order to ensure the safety of their troops still stationed in Germany. On 27 May 1968 the Allied Control Council declared that they would give up their right of control (''Vorbehaltsrecht'') if the Emergency Acts were passed. On 30 May, when the law was voted on, the Free Democratic Part ...
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Grand Coalition
A grand coalition is an arrangement in a multi-party parliamentary system in which the two largest political parties of opposing political ideologies unite in a coalition government. The term is most commonly used in countries where there are two dominant parties with different ideological orientations, and a number of smaller parties that have passed the electoral threshold to secure representation in the parliament. The two large parties will each try to secure enough seats in any election to have a majority government alone, and if this fails each will attempt to form a coalition with smaller parties that have a similar ideological orientation. Because the two large parties will tend to differ on major ideological issues, and portray themselves as rivals, or even sometimes enemies, they will usually find it more difficult to agree on a common direction for a combined government with each other than with smaller parties. Causes of a grand coalition Occasionally circumstances a ...
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President Of Germany (1919–1945)
The president of the Reich (german: Reichspräsident) was the German head of state under the Weimar constitution, which was officially in force from 1919 to 1945. In English he was usually simply referred to as the president of Germany. The Weimar constitution created a semi-presidential system in which power was divided between president, cabinet and parliament. The ''Reichspräsident'' was directly elected under universal adult suffrage for a seven-year term. It was intended that the president would rule in conjunction with the Reichstag (legislature) and that his emergency powers would be exercised only in extraordinary circumstances, but the political instability of the Weimar period, and a paralysing factionalism in the legislature, meant that the president came to occupy a position of considerable power, capable of legislating by decree and appointing and dismissing governments at will. In 1934, after the death of President Hindenburg, Adolf Hitler, already chancellor, a ...
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State Of Defence
The state of defence (, ) is the constitutional state of emergency in Germany if the country is "under attack by armed force or imminently threatened with such an attack". Established by a constitutional amendment in 1968 during the Cold War, this state of emergency gives the Federal Government extraordinary powers in wartime. It is laid down in Title Xa of the German Constitution. As of December 2022, Germany has never been in the state of defence. The preliminary stage to a state of defence is a state of tension (Articl80a. It goes hand in hand with raising the military alert level. Declaration According to articlof the German Constitution, the state of defence shall be declared if "the federal territory Federal Republic of Germany] is under attack by armed force or imminently threatened with such an attack". The normal procedure is that, upon request of the Federal Government, the Bundestag determines that the conditions of the state of defence exist. That means that the Bunde ...
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Right To Resist
The right to resist is a nearly universally acknowledged human right, although its scope and content are controversial. The right to resist, depending on how it is defined, can take the form of civil disobedience or armed resistance against a tyrannical government or foreign occupation; whether it also extends to non-tyrannical governments is disputed. Although Hersch Lauterpacht, one of the most distinguished jurists, called the right to resist the supreme human right, this right's position in international human rights law is tenuous and rarely discussed. Forty-two countries explicitly recognize a constitutional right to resist, as does the African Charter on Human and Peoples' Rights. History According to philosopher Heiner Bielefeldt, "The question of the legitimacy of resistance—including violent resistance—against established authority is as old as political and social thought itself." The right to resist was encoded in the earliest versions of international law and in a ...
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Civil Defense
Civil defense ( en, region=gb, civil defence) or civil protection is an effort to protect the citizens of a state (generally non-combatants) from man-made and natural disasters. It uses the principles of emergency operations: prevention, mitigation, preparation, response, or emergency evacuation and recovery. Programs of this sort were initially discussed at least as early as the 1920s and were implemented in some countries during the 1930s as the threat of war and aerial bombardment grew. Civil-defense structures became widespread after authorities recognised the threats posed by nuclear weapons. Since the end of the Cold War, the focus of civil defense has largely shifted from responding to military attack to dealing with emergencies and disasters in general. The new concept is characterised by a number of terms, each of which has its own specific shade of meaning, such as ''crisis management'', '' emergency management'', ''emergency preparedness'', ''contingency planning' ...
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Alternative Civilian Service
Alternative civilian service, also called alternative services, civilian service, non-military service, and substitute service, is a form of national service performed in lieu of military conscription for various reasons, such as conscientious objection, inadequate health, or political reasons. See "labour battalion" for examples of the latter case. Alternative service usually involves some kind of labor. Definition Alternative civilian service is service to a government made as a civilian, particularly such service as an option for conscripted persons who are conscientious objectors and object to military service. Civilian service is usually performed in the service of non-profit governmental bodies or other institutions. For example, in Austria, men drafted for alternative civilian service mainly serve in healthcare facilities and retirement homes, while other countries have a wider variety of possible placements. Common synonyms for the term are alternative service, civil ...
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Conscription In Germany
The Federal Republic of Germany had conscription (''Wehrpflicht'') for male citizens between 1956 and 2011. On 22 November 2010, the German Minister of Defence proposed to the government to put conscription into abeyance on 1 July 2011. The constitution, however, retains provisions that would legalize the potential reintroduction of conscription. The ''Grundgesetz'' (Basic Law for the Federal Republic of Germany) and several special laws (e.g., ''Wehrpflichtgesetz'') were regulating these duties and the exceptions. During the last year when conscription was active, men were obliged to serve six months either in the military, which they could refuse, and do alternative civilian service, or honorary service (like any volunteer) for at least six months in a civil protection organisation. Families of those who were oppressed by the Nazi regime (usually Jews) were exempted from conscription, though some volunteered to serve. Although conscription was of a military nature, in the las ...
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Freedom Of Movement
Freedom of movement, mobility rights, or the right to travel is a human rights concept encompassing the right of individuals to travel from place to place within the territory of a country,Jérémiee Gilbert, ''Nomadic Peoples and Human Rights'' (2014), p. 73: "Freedom of movement within a country encompasses both the right to travel freely within the territory of the State and the right to relocate oneself and to choose one's place of residence". and to leave the country and return to it. The right includes not only visiting places, but changing the place where the individual resides or works.Kees Groenendijk, Elspeth Guild, and Sergio Carrera, ''Illiberal Liberal States: Immigration, Citizenship and Integration in the EU'' (2013), p. 206: " eedom of movement did not only amount to the right to travel freely, to take up residence and to work, but also involved the enjoyment of a legal status characterised by security of residence, the right to family reunification and the right ...
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Secrecy Of Correspondence
__NOTOC__ The secrecy of correspondence (german: Briefgeheimnis, french: secret de la correspondance) or literally translated as secrecy of letters, is a fundamental legal principle enshrined in the constitutions of several European countries. It guarantees that the content of sealed letters is never revealed, and that letters in transit are not opened by government officials, or any other third party. The right of privacy to one's own letters is the main legal basis for the assumption of privacy of correspondence. The principle has been naturally extended to other forms of communication, including telephony and electronic communications on the Internet, as the constitutional guarantees are generally thought to also cover these forms of communication. However, national telecommunications privacy laws may allow lawful interception, i.e. wiretapping and monitoring of electronic communications in cases of suspicion of crime. Paper letters have, in most jurisdictions, remained outside ...
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Fundamental Rights In The German Constitution
{{Short description, Set of rights guaranteed to everyone in Germany Fundamental Rights in the Federal Republic of Germany (''German: Grundrechte'') are a set of rights guaranteed to everyone in Germany and partially to German people only through their Federal Constitution, the ''Grundgesetz'' and the constitutions of some of the States of Germany. In the Federal Constitution, the majority of the ''Grundrechte'' are contained in the first title, Articles 1 to 19 of the Grundgesetz (GG). These rights have constitutional status, binding each of the country's constitutional institutions. In the event that these rights are violated and a remedy is denied by other courts, the constitution provides for an appeal to the Federal Constitutional Court (''Bundesverfassungsgericht'') (Art. 93 Abs. I Nr. 4a GG). According to this article, the Constitutional Court is entitled to hear appeals concerning not just the ''Grundrechte'' contained in Arts. 1-19, but also Art. 20 Abs. I, 33, 38, 101 ...
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Gesetz Zur Beschränkung Des Brief-, Post- Und Fernmeldegeheimnisses
The Act on Restrictions on the Secrecy of Mail, Post and Telecommunications, ''Gesetz zur Beschränkung des Brief-, Post- und Fernmeldegeheimnisses'' in German, also known as the G-10 Act, is a German federal law that regulates the surveillance powers of Germany's intelligence agencies. The shortened and more commonly used name, ‘G-10’, refers to Article 10 of the German Basic Law, which enshrines the right to privacy of communication: It is from these provisions that the law seeks to derogate. It is similar to Britain's Regulation of Investigatory Powers Act 2000 The Regulation of Investigatory Powers Act 2000 ( c.23) (RIP or RIPA) is an Act of the Parliament of the United Kingdom, regulating the powers of public bodies to carry out surveillance and investigation, and covering the interception of comm ... and is comparable to the Foreign Intelligence Surveillance Act of the United States. Although the G-10 Act imposes nominal restrictions on the ability of Germany' ...
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Gemeinsamer Ausschuss
The Joint Committee (German: ''Gemeinsamer Ausschuss'') is, together with the Federal Convention, one of two non–steady constitutional bodies in the political and federal institutional system of the Federal Republic of Germany. It is designed as an emergency parliament in the case of a State of Defence. It consists of 48 members of which two thirds are members of the Bundestag and one third are members of the Bundesrat, the latter representing the governments of the states of Germany (''Länder''). It was established in 1968 by an amendment of the Basic Law. Ever since then, the Bundestag and the Bundesrat have elected members to serve on the committee. However, since a state of defence has never been declared, the Joint Committee has never convened as of . Function The constitutional role of the Joint Committee is defined in Article 53a of the Basic Law for the Federal Republic of Germany. The 32 members selected by the Bundestag are elected at the beginning of each legisla ...
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