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kleiba2 • today at 10:28 AM • 11 replies • view on HN

They just won a state election a few weeks ago, and they're also ahead in nation-wide polls - how can you ban a party that receives the majority vote of the population?


Replies

fabian2k • today at 10:34 AM

If the party is actively working, in a combative and aggressive manner, to damage or destroy the democratic constitutional system in Germany, the constitution allows for this party to be banned.

Popularity isn't a limit here, at least not in this direction. If the party were irrelevant, it would prevent the ban since the party would not be able to achieve those anti-constitutional goals anyway.

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consp • today at 10:30 AM

History should be a lesson on why. Wouldn't be the first time a German far right party became a dictatorship from a minority rule.

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oezi • today at 12:17 PM

They don't get a majority. They get 28% of the votes at current polls.

aniviacat • today at 11:58 AM

The exact purpose of a constitution is to protect people from voting their rights away. There is lots of history establishing why successful democracies need strong constitutions.

jagermo • today at 12:09 PM

By following Article 21(2) of the Basic Law and Sections 43 et seq. of the Federal Constitutional Court Act

ChrisRR • today at 10:42 AM

Because Germany has laws specifically to ban parties that are shown to undermine democratic order, specifically to stop another situation where they gain a majority vote.

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_ink_ • today at 11:36 AM

Democracy is not only rule of majority. It is also protection of the constitution and minorities. So that everybody can live their life as they please. The AfD clearly is against all of that. Our constitution offers a way to defend against these forces and it is time that the process is started.

sourcecodeplz • today at 10:59 AM

well for example in Romania (EU member state), they canceled the presidential elections (2024) after they were won by a person no one knew anything about.

he posted & advertised heavily nationalistic videos on tiktok and gained huge following.

court said the election had been affected by irregularities, alleged foreign interference, and problems with campaign financing and online campaigning.

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nkrisc • today at 10:40 AM

Germans, of all people, should know the danger.

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plastic-enjoyer • today at 10:31 AM

> How can you ban a party that receives the majority vote of the population?

Why not?

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Markoff • today at 10:31 AM

not a majority, just biggest share

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