Who gets the good genes Robert Wright
Our constitutional complaint against the Infection Protection Act
Together with Florian Post (MP SPD) and three other complainants, I opposed this yesterday Fourth law for the protection of the population in the event of an epidemic situation of national concern Constitutional complaint lodged with the Federal Constitutional Court in Karlsruhe. Prof. Dr. Dietrich Murswiek, who is without a doubt one of the most renowned German constitutional lawyers, represents us.
The legal architecture of the law with a rigid legislative automatism between the official determination of an "incidence" and the excessive (criminal) shortening of basic rights overrides a multitude of rule-of-law and constitutional standards that were previously believed to be safe. The legislative branch thus in fact almost completely displaces the executive and judicial branches from the entire regulatory context. The federal principle of the republic, which has historically been established for good reasons, is also violated. A single authority, the Robert Koch Institute, thus becomes a quasi-legislative institution that controls life largely monistically and whose actions are not subject to any professional control.
Regardless of the incidence value methodology, which is apparently questionable in fact, and regardless of the question of the extent of abstract risk and specific dangers that are (still) under acute discussion, it can be stated that the legislature of the Basic Law is not entitled to the competence to use model-calculated algorithms to control. The legislature's claim to want to protect the functionality of the health system can be achieved much more effectively, even with milder means.
In addition to the constitutional complaint, an application for urgent legal protection has been made. Dietrich Murswiek explained the legal situation in an outstanding way and described the necessary consequences. I strongly encourage everyone to read his attached notice of appeal. It would be nice if the news reached as many people as possible.
And here you will find the 51-page constitutional complaint in full.
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