Is the protection of the constitution threatened to endanger democracy? Experts warn!

Is the protection of the constitution threatened to endanger democracy? Experts warn!

In the focus of the discussion about the role of the protection of the constitution, the emeritus constitutional lawyer Prof. Dr. Dietrich Murswiek. At the Dialog forum, he addresses the disturbing practice of the protection of the constitution to classify political opinions as anti -constitutional. Murswiek emphasizes that such a classification can affect fundamental justice and freedom of expression in democracy. The question arises whether the protection of the constitution really takes the necessary steps in order to avoid incorrect reviews or whether questionable criteria are not used, which lead to a stigmatization of those affected, such as bz-ticket.de reported.

The new extremism category

In a contribution to the Legal Tribune, Murswiek criticizes the introduction of a new category by the President of the Constitution Thomas Haldenwang: the "Constitutional Protection Delegitimation of the State". This measure allows the protection of the constitution to target groups within the so-called lateral thinker scene that do not fit clearly into the left-right scheme. Murswiek illustrates that these classifications lead to the government's critics not only perceived as extremists, but as a delegitimator of the state. An example of this is that someone who, after the flood disaster in the Ahrtal, indicates the deficits of state crisis management, can be suspected of extremism, as cicero.de reported.

For Murswiek, the risk of confusion between legitimate criticism and extremist motivated delegitimation is worrying. He emphasizes that it is part of the nature of the opposition to criticize criticism and that it should not be dismissed as a "agitation" or "contempt" of the government. Such classifications harm democratic discourse and could undermine freedom of expression. Murswiek warns that the protection of the constitution not only exceeds its own powers through these measures, but also becomes the threat of democracy itself.