>>512546772
Exhaustion of Legal Remedies:
The Federal Constitutional Court, which is tasked with protecting the Basic Law, is either incapacitated (e.g., judges are replaced with loyalists) or its rulings are ignored by the government.
Other mechanisms, like petitions, protests, or appeals to international bodies (e.g., the European Court of Human Rights), are ineffective or inaccessible.
Example scenario: The government ignores a Constitutional Court ruling declaring its actions unconstitutional, and no other authority (e.g., police, military, or state institutions) can enforce the courtโs decision.
Active Threat by State Actors or Others:
The threat could come from the government itself (e.g., a coup or authoritarian takeover) or from non-state actors (e.g., a paramilitary group) if the state is unable or unwilling to counter them.
Example scenario: A government faction stages a coup, seizes control of key institutions, and begins dismantling democratic structures, with no remaining legal means to oppose it.
Historical Context as a Guide:
Article 20(4) was inspired by the failure of democratic institutions to resist the rise of the Nazi regime in 1933. A comparable situation might involve a rapid, coordinated effort to establish a totalitarian system, with no functioning checks and balances.
The state of the nation would likely resemble a descent into authoritarianism, where dissent is criminalized, media is censored, and opposition is violently suppressed.
3/5
8/8/2025, 9:26:03 AM
No.512517856
>>512520973
>>512561837
>>512564164
>>512572888
