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Civil Disobedience and the German Courts : The Pershing Missile Protests in Comparative Perspective - Peter E. Quint

Civil Disobedience and the German Courts

The Pershing Missile Protests in Comparative Perspective

Hardcover Published: 20th December 2007
ISBN: 9780415442855
Number Of Pages: 288

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In the 1980s the West German Peace Movement -- fearing that the stationing of NATO nuclear missiles in Germany threatened an imminent nuclear war in Europe -- engaged in massive protests, including sustained civil disobedience in the form of sit-down demonstrations.

Civil Disobedience and the German Courts traces the historical and philosophical background of this movement and follows a group of demonstrators through their trials in the German criminal courts up to the German Constitutional Court -- in which their fate was determined in two important constitutional cases. In this context, the volume also analyzes the German Constitutional Court, as a crucial institution of government, in comparative perspective.

The book is the first full-length English language treatment of these events and constitutional decisions, and it also places the decisions at an important turning-point in German constitutional history.

Prefacep. ix
List of abbreviationsp. xi
Introductionp. 1
The anti-missile demonstrations: the protests and their contextp. 11
The sit-down blockades and the "double-track" decisionp. 12
The historical background of the sit-down demonstrations: 1968 and the development of political protest in the Federal Republicp. 29
The philosophical background: Satyagraha and civil disobediencep. 36
The Jens-Offenloch debatep. 45
The sit-down cases: the factsp. 51
The sit-down blockades in the criminal courtsp. 60
Introduction: the rule of law and the German Criminal Code-a comparative perspectivep. 60
Coercion (Notigung) under the German Criminal Codep. 63
The Notigung statute and the sit-down demonstrationsp. 69
The Grossengstingen and Mutlangen cases in the criminal courtsp. 86
The sit-down blockades in the Constitutional Court: the Court and the argumentsp. 106
The Federal Constitutional Courtp. 106
The Basic Lawp. 110
Constitutional rights and the sit-down demonstrations: Articles 8 and 103(2)p. 112
The 1986 case-the Constitutional Complaintsp. 116
The 1986 case-the constitutional arguments of the partiesp. 119
Arguments requested or solicited by the Courtp. 128
The attempt to remove Judge Simonp. 136
The special role of the Reporterp. 141
The oral argumentp. 142
The sit-down blockades in the Constitutional Court: the decisions of 1986 and 1995p. 151
The decision of 1986-the convictions upheldp. 151
Muller-Breuer and Ostermayer before the European Human Rights Commissionp. 178
Nine years passp. 182
The 1995 decision: convictions reversedp. 184
The immediate aftermath-acquiescence and patterns of resistancep. 198
The great cases of 1995: success for the "long march" of 1968?p. 203
Reaction to the 1995 Notigung decisionp. 203
The Soldiers casep. 209
The Crucifix casep. 227
The three cases reconsideredp. 242
Epiloguep. 251
Selected constitutional and statutory provisionsp. 264
Select bibliographyp. 270
Indexp. 283
Table of Contents provided by Ingram. All Rights Reserved.

ISBN: 9780415442855
ISBN-10: 0415442850
Series: University of Texas at Austin Studies in Foreign and Transnational Law
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 288
Published: 20th December 2007
Country of Publication: GB
Dimensions (cm): 21.59 x 13.97  x 2.54
Weight (kg): 0.48
Edition Number: 1

Earn 779 Qantas Points
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