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Another Test in Proceduralizing Democracy: The Oral Proceedings in the NPD Party Ban Case before the Federal Constitutional Court

Published online by Cambridge University Press:  06 March 2019

Felix Hanschmann

Extract

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After recognizing that the motions in the party-ban proceedings against the “National Democratic Party of Germany” were partly based on evidence provided by so-called V-Männer informants (members of the party who were supervised and paid by the secret-services) and after suspending the decision to hold the substantive hearing because of this information, the Bundesverfassungsgericht (BVerfG – Federal Constitutional Court) last Tuesday, 8 October 2002, resumed the party-ban proceedings with an extraordinary and – in the history of the Court - unique session.

Type
Research Article
Information
German Law Journal , Volume 3 , Issue 11 , November 2002 , E1
Copyright
Copyright © 2002 by German Law Journal GbR 

References

(1) Hanebeck, Alexander, FCC suspends hearing in NPD Party Ban Case, 3 German Law Journal 2 (01 February 2002) http://www.germanlawjournal.com; Peter Niesen, Anti-Extremism, Negative Republicanism, Civic Society: Three Paradigms for Banning Political Parties - Part I, 3 German Law Journal 7 (01 July 2002) <http://www.germanlawjournal.com>..>Google Scholar

(2) For further information about the proceeding, see, Government Commits to Seeking a Ban of the Extreme Right-Wing National Democratic Party of Germany (NPD), 1 German Law Journal 2 (01 November 2000) <http://www.germanlawjournal.com>..>Google Scholar

(3) Hume, David, Treatise Concerning Human Nature, Book III, Part I, Section I.Google Scholar

(4) For further details about the problematic of a Party Ban Proceeding, see, Peter Niesen, Anti-Extremism, Negative Republicanism, Civic Society: Three Paradigms for Banning Political Parties - Part I, 3 German Law Journal 7 (01 July 2002) <http://www.germanlawjournal.com>..>Google Scholar

(5) 1 BvR 385/90 (27. October 1999).Google Scholar

(6) Numerous articles are available on the Homepage of the “Deutschem Kolleg,” www.deutsches-kolleg.org.Google Scholar