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The State Acts Unconstitutionally – Ralph Boes in ConversationIn an intense discussion with Jasmin Kosubek, constitutional activist Ralph Boes voices a fundamental critique of the state of the Federal Republic. For Boes, it is certain: the state acts in large parts unconstitutionally – and not just in isolated cases, but structurally. In an intense discussion with Jasmin Kosubek, constitutional activist Ralph Boes voices a fundamental critique of the state of the Federal Republic. For Boes, it is certain: the state acts in large parts unconstitutionally – and not just in isolated cases, but structurally. “There is not a single point where our state consistently respects the constitution or the Basic Law,” says Boes. Only some of the first articles are even partially observed. Fundamental rights such as the right to privacy and the secrecy of communications are, in practice, suspended – at least for those in conflict with the ruling political forces. Those aligned with the governing parties, however, experience what appears to be an intact constitutional state. For dissenters, Boes claims, this is not the case: they are systematically disadvantaged in their right to demonstrate, in matters of surveillance, and in their treatment by the Office for the Protection of the Constitution. If Boes argues this way, is he not himself delegitimizing the state?Boes disagrees – it is the state that delegitimizes itself by disregarding its own foundations. The Basic Law was actually designed as a protection against an overreaching state. But if the government does not adhere to this safeguard, the document loses its value.Boes goes further: the obvious problems – crumbling infrastructure, a faltering economy, loss of trust in politics – are only symptoms. The core problem lies deeper: the Basic Law, in its full scope, has never been realized. Article 1 (“Human dignity shall be inviolable”) and Article 20 (basic principles of the state) are indeed enshrined as unchangeable, yet in practice, from Article 21 onwards, they are increasingly undermined. A central point of criticism for Boes is the role of political parties. Article 21 emphasizes their participation in the political will-formation, but for Boes, this marks the beginning of a structural disenfranchisement of the people. He points to Article 38, which defines members of the Bundestag as representatives of the entire people – not of parties. In reality, Boes argues, members have detached themselves from the mandate given by the electorate and are effectively bound to internal party directives instead of following only their conscience. For Boes, it is clear: the Federal Republic suffers not only from political mismanagement, but from a fundamental design flaw – a constitution whose ideals have never been fully implemented, and whose protective mechanisms are circumvented by party-political structures. The state, according to his thesis, thereby undermines its own legitimacy. More in the video above! Author: AI-Translation - АИИ | |
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