State Of Exception
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State Of Exception
A state of exception (german: Ausnahmezustand) is a concept introduced in the 1920s by the German philosopher and jurist Carl Schmitt, similar to a state of emergency (martial law) but based in the sovereign's ability to transcend the rule of law in the name of the public good. Background The idea that a state may need to deal with unforeseen and critical problems is ancient; for instance, the Republican Roman concept of the dictatorship allowed a single person to take extraordinary measures, under strict controls. Renaissance thinkers such as Machiavelli and Jean Bodin also discussed the problem. However, while monarchy implies elements of unaccountability and extralegal powers, modern republican constitutions attempt to remove these factors, raising the question of how to deal with such emergencies. Before the twentieth century, constitutions did not define a state of emergency in great detail. For instance, the Constitution of the United States allows the suspension of habea ...
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Carl Schmitt
Carl Schmitt (; 11 July 1888 – 7 April 1985) was a German jurist, political theorist, and prominent member of the Nazi Party. Schmitt wrote extensively about the effective wielding of political power. A conservative theorist, he is noted as a critic of parliamentary democracy, liberalism, and cosmopolitanism, and his work has been a major influence on subsequent political theory, legal theory, continental philosophy, and political theology, but its value and significance are controversial, mainly due to his intellectual support for and active involvement with Nazism. Schmitt's work has attracted the attention of numerous philosophers and political theorists, including Giorgio Agamben, Hannah Arendt, Walter Benjamin, Susan Buck-Morss, Jacques Derrida, Waldemar Gurian, Carlo Galli, Jaime Guzmán, Jürgen Habermas, Friedrich Hayek, Reinhart Koselleck, Chantal Mouffe, Antonio Negri, Leo Strauss, Adrian Vermeule, and Slavoj Žižek, among others. According to the ''Stanford Enc ...
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Masha Gessen
Masha Gessen (born 13 January 1967) is a Russian-American journalist, author, translator and activist who has been an outspoken critic of the president of Russia, Vladimir Putin, and the former president of the United States, Donald Trump. Gessen is nonbinary and trans and uses ''they/them'' pronouns. Gessen has written extensively on LGBT rights. Described as "Russia's leading LGBT rights activist," they have said that for many years they were "probably the only publicly out gay person in the whole country." They now live in New York with their wife and children. Gessen writes primarily in English but also in their native Russian. In addition to being the author of several non-fiction books, they have been a prolific contributor to such publications as ''The New York Times'', ''The New York Review of Books'', ''The Washington Post'', the ''Los Angeles Times'', ''The New Republic'', ''New Statesman'', ''Granta'', ''Slate'', '' Vanity Fair'', ''Harper's Magazine'', ''The New Yor ...
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Social Democratic Party Of Germany
The Social Democratic Party of Germany (german: Sozialdemokratische Partei Deutschlands, ; SPD, ) is a centre-left social democratic political party in Germany. It is one of the major parties of contemporary Germany. Saskia Esken has been the party's leader since the 2019 leadership election together with Lars Klingbeil, who joined her in December 2021. After Olaf Scholz was elected chancellor in 2021 the SPD became the leading party of the federal government, which the SPD formed with the Greens and the Free Democratic Party, after the 2021 federal election. The SPD is a member of 11 of the 16 German state governments and is a leading partner in seven of them. The SPD was established in 1863. It was one of the earliest Marxist-influenced parties in the world. From the 1890s through the early 20th century, the SPD was Europe's largest Marxist party, and the most popular political party in Germany. During the First World War, the party split between a pro-war mainstream ...
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Communist Party Of Germany
The Communist Party of Germany (german: Kommunistische Partei Deutschlands, , KPD ) was a major political party in the Weimar Republic between 1918 and 1933, an underground resistance movement in Nazi Germany, and a minor party in West Germany in the postwar period until it was banned by the Federal Constitutional Court in 1956. Founded in the aftermath of the First World War by socialists who had opposed the war, the party joined the Spartacist uprising of January 1919, which sought to establish a soviet republic in Germany. After the defeat of the uprising, and the murder of KPD leaders Rosa Luxemburg, Karl Liebknecht and Leo Jogiches, the party temporarily steered a more moderate, parliamentarian course under the leadership of Paul Levi. During the Weimar Republic period, the KPD usually polled between 10 and 15 percent of the vote and was represented in the national and in state parliaments. Under the leadership of Ernst Thälmann from 1925 the party became thoroughly S ...
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Freedom Of Assembly
Freedom of peaceful assembly, sometimes used interchangeably with the freedom of association, is the individual right or ability of people to come together and collectively express, promote, pursue, and defend their collective or shared ideas. The right to freedom of association is recognized as a human right, a political right and a civil liberty. The terms ''freedom of assembly'' and ''freedom of association'' may be used to distinguish between the freedom to assemble in public places and the freedom to join an association. Freedom of assembly is often used in the context of the right to protest, while freedom of association is used in the context of labor rights and in the Constitution of the United States is interpreted to mean both the freedom to assemble and the freedom to join an association. Human rights instruments Freedom of assembly is included in, among others, the following human rights instruments: * Universal Declaration of Human Rights – Article 20 * Inte ...
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Freedom Of Association
Freedom of association encompasses both an individual's right to join or leave groups voluntarily, the right of the group to take collective action to pursue the interests of its members, and the right of an association to accept or decline membership based on certain criteria. It can be described as the right of a person coming together with other individuals to collectively express, promote, pursue and/or defend common interests. Freedom of association is both an individual right and a collective right, guaranteed by all modern and democratic legal systems, including the United States Bill of Rights, article 11 of the European Convention on Human Rights, section 2 of the Canadian Charter of Rights and Freedoms, and international law, including articles 20 and 23 of the Universal Declaration of Human Rights and article 22 of International Covenant on Civil and Political Rights. The Declaration on Fundamental Principles and Rights at Work by the International Labour Organizatio ...
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Freedom Of The Press
Freedom of the press or freedom of the media is the fundamental principle that communication and expression through various media, including printed and electronic News media, media, especially publication, published materials, should be considered a right to be exercised freely. Such freedom implies the absence of interference from an overreaching State (polity), state; its preservation may be sought through constitution or other legal protection and security. Without respect to governmental information, any government may distinguish which materials are public or protected from disclosure to the public. State materials are protected due to either one of two reasons: the classified information, classification of information as sensitive, classified or secret, or the relevance of the information to protecting the national interest. Many governments are also subject to "sunshine laws" or freedom of information legislation that are used to define the ambit of national interest and ...
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Freedom Of Expression
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recognised as a human right in the Universal Declaration of Human Rights and international human rights law by the United Nations. Many countries have constitutional law that protects free speech. Terms like ''free speech'', ''freedom of speech,'' and ''freedom of expression'' are used interchangeably in political discourse. However, in a legal sense, the freedom of expression includes any activity of seeking, receiving, and imparting information or ideas, regardless of the medium used. Article 19 of the UDHR states that "everyone shall have the right to hold opinions without interference" and "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive, and impart information and ideas of all kinds, ...
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Civil Liberties
Civil liberties are guarantees and freedoms that governments commit not to abridge, either by constitution, legislation, or judicial interpretation, without due process. Though the scope of the term differs between countries, civil liberties may include the Freedom of thought, freedom of conscience, Freedom of the press, freedom of press, freedom of religion, Freedom of speech, freedom of expression, freedom of assembly, the right to security and liberty, freedom of speech, the right to privacy, the right to Equality before the law, equal treatment under the law and due process, the right to a fair trial, and the right to life. Other civil liberties include the Right to property, right to own property, the Self-defense, right to defend oneself, and the right to bodily integrity. Within the distinctions between civil liberties and other types of liberty, distinctions exist between positive liberty/Negative and positive rights, positive rights and negative liberty/Negative and positi ...
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Reichstag Fire Decree
The Reichstag Fire Decree (german: Reichstagsbrandverordnung) is the common name of the Decree of the Reich President for the Protection of People and State (german: Verordnung des Reichspräsidenten zum Schutz von Volk und Staat) issued by German President Paul von Hindenburg on the advice of Chancellor Adolf Hitler on 28 February 1933 in immediate response to the Reichstag fire. The decree nullified many of the key civil liberties of German citizens. With Nazis in powerful positions in the German government, the decree was used as the legal basis for the imprisonment of anyone considered to be opponents of the Nazis, and to suppress publications not considered "friendly" to the Nazi cause. The decree is considered by historians as one of the key steps in the establishment of a one-party Nazi state in Germany. Background Hitler had been appointed Chancellor of Germany only four weeks previously, on 30 January 1933, when he was invited by President von Hindenburg to lead a ...
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Paul Von Hindenburg
Paul Ludwig Hans Anton von Beneckendorff und von Hindenburg (; abbreviated ; 2 October 1847 – 2 August 1934) was a German field marshal and statesman who led the Imperial German Army during World War I and later became President of Germany from 1925 until his death in 1934. During his presidency, he played a key role in the Nazi seizure of power in January 1933 when, under pressure from advisers, he appointed Adolf Hitler as Chancellor of Germany. Hindenburg was born to a family of minor Prussian nobility in Posen. Upon completing his education as a cadet, he enlisted in the Third Regiment of Foot Guards as a second lieutenant. He then saw combat during the Austro-Prussian and Franco-Prussian wars. In 1873, he was admitted to the prestigious '' Kriegsakademie'' in Berlin, where he studied for three years before being appointed to the Army's General Staff Corps. Later in 1885, he was promoted to the rank of major and became a member of the Great General Staff. Following a f ...
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Reichstag Fire
The Reichstag fire (german: Reichstagsbrand, ) was an arson attack on the Reichstag building, home of the German parliament in Berlin, on Monday 27 February 1933, precisely four weeks after Nazi leader Adolf Hitler was sworn in as Chancellor of Germany. Marinus van der Lubbe, a Dutch "council communist", was the apparent culprit; however, Hitler attributed the fire to Communist agitators. He used it as a pretext to claim that Communists were plotting against the German government, and induced President Paul von Hindenburg to issue the Reichstag Fire Decree suspending civil liberties, and pursue a "ruthless confrontation" with the Communists. This made the fire pivotal in the establishment of Nazi Germany. The first report of the fire came shortly after 9:00p.m., when a Berlin fire station received an alarm call. By the time police and firefighters arrived, the Chamber of Deputies (the lower house) was engulfed in flames. The police conducted a thorough search inside the building ...
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