By Peter E. Quint
Within the Eighties the West German Peace circulation -- fearing that the stationing of NATO nuclear missiles in Germany threatened an drawing close nuclear battle in Europe -- engaged in immense protests, together with sustained civil disobedience within the type 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 felony courts as much as the German Constitutional court docket -- during which their destiny was resolute in vital constitutional instances. during this context, the quantity additionally analyzes the German Constitutional court docket, as a vital establishment of presidency, in comparative standpoint. The booklet is the 1st full-length English language remedy of those occasions and constitutional judgements, and it additionally locations the choices at an enormous turning-point in German constitutional historical past.
Read or Download Civil Disobedience and the German Courts: The Pershing Missile Protests in Comparative Perspective (UT Austin Studies in Foreign and Transnational Law) PDF
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Additional resources for Civil Disobedience and the German Courts: The Pershing Missile Protests in Comparative Perspective (UT Austin Studies in Foreign and Transnational Law)
Many of these demonstrations were conducted routinely by members of the peace movement who happened to be in the area—but other protests had special themes or characteristics. 53 In August 51 52 53 Mutlangen 1983–1987, 142–43. , 116–18; Interview with Uwe Painke, Leonberg, 20 July 2003. , Ziviler Ungehorsam: Traditionen, Konzepte, Erfahrungen, Perspektiven, 109–16 (Sensbachtal 1992) [Ziviler Ungehorsam]. 57 The theme of anti-Nazism and the monitory example of World War II also played an important role in the demonstrations.
41 Of course, the methods of protest available to the peace movement were not limited to the ﬁling of this judicial challenge. 42 In 1980, moreover, protestors issued the “Krefeld Appeal,” a petition that sought the exclusion of American nuclear weapons from Central Europe. Drafted by Gert Bastian, a former Bundeswehr general who 41 42 Germany was not the only country in which protestors challenged the presence of American missiles on constitutional grounds during this period. In 1983 a Canadian peace group sued to prohibit tests of American Cruise missiles in Canada, claiming a violation of “the right to life, liberty and security of the person” contained in Section 7 of the Canadian Charter of Rights—a claim that very closely resembled a principal argument of the complainants in the ﬁrst of the German Pershing Missile cases.
We placed a wooden cross of branches in the middle and prepared a religious service—a religious service in the middle of three Pershings, surrounded by American soldiers. , 2. See Herf, War by Other Means, 219. , Mutlanger Heide. Ein Ort macht Geschichte, 104–10 (Schwäbisch Gmünd: Remsdruckerei 1990) [Mutlanger Heide]. See also Mutlangen 1983–1987, 48–49. See Mutlangen 1983–1987, 94–107; on the blockades, see generally Oﬀenloch, Erinnerung, 22–34. The house in Mutlangen was named after Carl Kabat, an American priest who had engaged in anti-missile protests in Germany.