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tv   Doc Film  Deutsche Welle  November 3, 2019 4:15pm-5:00pm CET

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grand prix to secure the championship hamilton was only 50 fastest in qualifying but with a $74.00 point lead at the top of the standings he's expected to cruise through a 3rd consecutive title for sadie's teammate valtteri both sets will start sunday's race on pole position. history is indispensable for a democracy. citizens must also be able to assert their rights against the state not only against each other do it sits and couldn't. make it at all or that player. and that's the case the law always has to be fought for it's never immutable or secured for all time. the rule of law protects us from despotism but only when everyone is allowed the same rights equally.
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germany is a constitutional state that is the crucial basis for peaceful coexistence determined panamint the pundits talk passes the laws but that's not enough to avoid conflict often different rights are in direct competition with one another at. the g 20 summit in hamburg july 2017 even in the run after it was clear that the demands posed by the various actors involved would clash the heads of states and governments were under fire for their recent policy decisions all sources fear the protests would escalate out of control not all the demonstrators were peaceful the police stepped in and both sides. it's way heavy handed in the response parts of
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hamburg appear to be in civil war. he was on the right the police the protesters. and just and if you see it's a huge dilemma on the one hand there's this big event with state casts to require special protection and on the other hand you have the demonstrators some of them are peaceful some aren't they protect the nonviolent ones in the same time try to identify and isolate the violent ones and stop them from taking part in the protest at all. kind of action that is no individual right overrides any other rather they must all be weighed against each other and each asserted as far as possible without ignoring the rights of the others. christine fattah is a professor at hamburg explicit cademy. as a lawyer she teaches his students about the importance of basic rights they include
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the right to demonstrate guaranteed by article 8 of germany's constitution the basic law. one come. you can't forbid demonstrations just because you're worried that some demonstrators might not be peaceful. the police play a very special role in the rule of law only they have a monopoly on the legitimate use of force no citizen has that kind of right. the door to us what does it mean when citizens refrain from using force to assert their rights and i said what else do you have to do. you have to protect them to. 30000 police officers the largest deployment in germany's post-war history yet they couldn't help the escalation of violence in hamburg the amount of force they used would remain a topic of investigation for years to come did officers cross the line just goes to . the greatest asset in the constitutional state is citizens trust in the state's
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monopoly on the use of force. but that also means the state must protect its citizens and for a while it was unable to do that the way to a promise to. a constitutional state does not abide by the rule of the strongest but by the rule of democratically established laws. we can't always agree on everything and it doesn't matter if a small percentage swims against the tide or isn't fully integrated. but the majority must stick to the rules of living together and recognize how important they are. they need to realize how badly they could be affected if these rules should one day be suspended because that's. the end of the 2nd world war in 1945 left germany completely devastated 12 years of tyranny had left their mark every one had been forced to submit to
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a dictatorship that ultimately driven the country into ruin. in the 1949 foundations were laid for a new beginning. a year earlier the west german constituent assembly backed by the western allies had made in the alexander clinic a natural research museum in bonn to begin drafting a constitution. on may 23rd 949 the assemblies head connaught are now announce the results. there. well then we are in the. fall of the wall from. the day. of blow through all the laws of. the basically was initially intended as a temporary solution until east and west germany were reunified because it's just
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that leases historically speaking the basic law was a real stroke of luck it's called the authors of the basic or achieve something quite astonishing stuff the things they wrote about fundamental freedoms fundamental rights and the organization of a democratic state are almost unparalleled in how right they are stacked in the west it has served us well for 70 years and in our unified country it's been nearly 30 years. the basic premise from which all else arises is stated right at the beginning article one human dignity shall be inviolable above all this we jetted the injustice of nazi rule. when we're told that it's going to sit with my head off in 1949 the mothers and fathers of the basic law at least there were 4 women i wanted to use paragraph one of article one and human dignity shall be inviolable i to make a very clear statement that arbitrary rule oppression and persecution for
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ethnic religious or political reasons were unacceptable. we even there was no negotiating it and then that yet you know where they are rich or poor german or from any other country catholic or muslim and everyone deserves the same dignity. i didn't give the order so. the 950 so that the chaff formed the so-called economic miracle people were more preoccupied with consumption then the new legal system the basic law and human rights. left to the experts while the crimes of the nazi era were pushed out of the collective mind people wanted to be able to afford nice things and go dancing on saturday. meanwhile others were working to safeguard the new legal system the federal constitutional court was set up in calls and even granted the power to repeal laws if they violate the basic law that makes it independent from both
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parliament as well as the federal council. and because of the constitutional court quickly became an opponent of the ministries and art in our government that led to some fierce conflicts with rather constitutional court was also a decisive motor of democratization writ consisted of considerably fewer national socialists than the ministers. germany's ministry of justice has been in bonds calls and book districts since 950 many lawyers who had started their careers under nazi rule were taken over by the new administration over half of its senior officials were former n.a.s. d.a.p. members this was a major obstacle to the prosecution of nazi crimes. from hamburg force against this ill conceived beginning for german rule of law for 17 years she reported on proceedings in the young republic's courts in 2008 she was awarded germany's order
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of merit for his extraordinary work as a cool reporter she pitched herself against the old boys club of nancy still ruling in each other's favor aside from pursuing true justice she was also driven by her own family history nearly 100 of her relatives died in the holocaust her parents were murdered in the tripling extermination camp. there were plenty of nazis plenty of criminals but hardly any charges were brought very few stood trial. in 1972 she got involved in the trial of dr ludwig hahn. as a high ranking s.s. officer in poland he pin jointly responsible for the deportation of over 200000 jews yet the judge treated him with kid gloves your 1st in the nation today were also differential not just the judges but the prosecutors and defenders to the court rushers would bow so low key they only addressed him as doctor served
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doctor sir please forgive me i am unfortunately obliged to ask you forgive me doctor sir. she also reported on the might done a trial at the district court in disorder often 975 years after the end of the war gods were accused of murdering at least 250000 jews at the extermination camp in poland it was the biggest trial of nazi perpetrators in the history of the young republic emotions at the trial ran high. but nobody flabbergasted off your answer but if you. believe we are getting ready to ship law and nothing at all. then the sentences were handed down 8 prison sentences one. and some although half a 1000000 germans were involved in murders under the nazi regime less than $900.00 not even one percent were convicted. of.
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the issue still divides german society. mark. it wasn't just the judges the whole of the federal republic just carried on as if nothing had ever happened i learned through an exclusive 1st of all. reports have had an effect and she won't stop fighting against the hotshots the cover ups and the overall eagerness to get the nazis crimes. and have bled out by the by people hoped he'd with the exception of the well known nuremberg trial. reappraisal of nazi crimes as far as that's even possible that has taken place only sporadically. a few were convicted but it was only decades later that we really started to take a closer look at seem to be the with and that's how it is to this day. the for what we thought. in the 1949 shortly after the
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federal republic was established in western germany the german democratic republic was founded in east germany it considered itself anti fascist andra its raison d'être from its renunciation of its nazi past. we are starting over from scratch was the founding myth that was supposed to underpin support for the communist state. is germany demonstrated its hardline towards nazi crimes in 1950 when it brought more than $3400.00 cases to court some of the defendants were indeed nazi criminals but many were innocent people caught in show trials. the accused were held in inhumane conditions and often refuse defense lawyers the evidence brought against
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them was flimsy at best and the sentences were decided on in advance. 24 defendants were sentenced to death and over 2000 sent to prison. even years later critics of the trial was silenced as nazis loyal to the ruling communist party would let off the hook. and. the ruling party dominated all decisions in east germany on the same went for the judiciary the judges were of course all part of the s.c.d. and as such they applied the l.c.d.'s guidelines to each of their cases like the amounts for hard. hitting stuff on the island of luzon. day it is still a popular seaside resort on the baltic sea. seaside holidays were very popular in
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the young east germany everyone should be able to enjoy them. but the citizens right to a holiday was supplanted by the socialist concept of holidays for all. the free german trade union federation f.t.g. be took over organizing them. but whereas the federation could supply the holiday fund it didn't have its own hotels instead it had to pay privately owned hotels and guesthouses for seaside accommodation. for many years that was a thorn in the side of east germany's leadership until 953 when it launched operation rose. police stormed over $700.00 private hotels and guesthouses arresting the owners and seizing their property under spiritus claims.
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for. the still in east germany there were several waves of dispossession destroying the middle class and clearing away the remains of what they called capitalism and they always found an ideological excuse claiming the people targeted had been nazis or opposed to socialism for the sort of. and they did the same thing to workers tradesmen. but like small business owners all the hotel owners it was simply robbed the blankets. over their money and his wife the bill are still living with the fallout this dark chapter in the history of the east german legal system changed their lives for ever . they built something up with your own 2 hands and then suddenly it's gone the property the land the building and everything that went into it was gone from it was
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a corner of. the hotel. used to belong to his grandparents the raids on it was a done and the other seaside resort started at dawn the people's police searched houses and interrogated their owners before charging them as criminal suspects so to elizabeth and quit them and. for the verdict was set before the trial even began my grandparents were sent to prison as white collar criminals my grandmother got 3 years my grandfather got 5. years because of the expropriation. after his release over their lands grandfather returned to hear them starve and worked in a shop selling gross chicken. later both grandparents fled to the west.
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my grandfather never understood what he possibly could have done wrong he had employed about 20 people. he never really got over it and died a broken man because he just couldn't comprehend it. had been a passion of coke and had never taken much interest in politics his kitchenette been his living room. and you could never grasp why anyone would live in a system that claimed to make everything better. over them and had only known as the dumb from the tales has now deceased grandparents would tell but then in $990.00 the reunification treaty stated that all expropriated property should be returned to its rightful owners. too many tears have been shed that's why it became so important to me and my wife we were determined to rebuild it and if there is such a thing as an afterlife maybe someone out there is watching us if. it took the reunification of east and west to right so many wrongs in east germany citizens
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couldn't just sue the state the party had declared that it was above the law. did that make east germany and unjust state. that's what the term unjust state isn't quite precise east germany wasn't just a state in the sense of being constitutional there was no independent judiciary and there was no equality before the law so to that extent it had no constitutional foundation. of course germany had laws that it applied in its rulings but the l.c.d. is dominant role was stipulated by the constitution which undermined any freedoms laid down and. the federal republic in west germany was a constitutional state with basic rules that apply to all citizens this also included article 3 of the basically all persons shall be equal before the law and
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paragraph 2 specifies men and women shall have equal rights. the main force behind democracy in this country is article 3 the promise of equality. and this promise of equality is based on the idea that men and women have equal rights . now. this driving principle comes with the promise that social inequality will be addressed in a democratic and political fashion and possibly even redressed politician. to have as of. 3 vote should be to go back. in the 1950s equality for women in the west was still any an article in the basic lol it's into mentation and concrete laws was still a long way off women were still subordinate to their husbands they needed his to mission to work or to open an account he also had the final say in education and schooling. from
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$950.00 on women in east germany were better off they were expected to work and were less dependent on their husbands they had more rights under family law and better access to child care for only in people to the abilities of all during the week i imaging device and this may give them gifts of these a belief a kind that is about this man is in. taking a shit like that in a constructive and didn't fall and. begin to be the. kind i don't want kind of 1st invite even living in fresh they're going to find this man on a list to be a decent life directly it's been. i was born in west germany. is a fall i've noticed that the women i know who grew up living in east germany are in many ways in shall we say less sensitive and tighter has a lot to do with the fact that social reality in east germany was so different. own
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how it was normal for women to work abroad they were a natural part of the labor force out of the public sphere tired of this kind of does that wasn't at all the case in west germany i hope mystified. bunny school in northern germany. so they clear. lived here for over 50 years is a form of found there and may or she was long seen as a paragon of east germany's state sponsored emancipation. equal rights for women in east germany social political aspiration. to run you're born here we were so involved in day to day business that we didn't have much time to think about what west german women were doing. i just always felt sorry for them . from what we learned from newspapers or television they didn't have the same opportunities that we did as women. in fact here in east germany women who didn't work were actually
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a bit of an oddity. since you. know it was completely normal for women to go to work the phones are like. the agricultural production coffer it's if l.p.g. kept assigning her more one more time until she ended up in charge of the livestock breeding unit. and then the chairman of the time said the time had come for me to take over as chair. i was still a young woman. on the one hand i was happy proud to be entrusted with something so big. on the other hand i was quite dotted by the task and to make matters worse i was pregnant when he asked me. if i guess. and so i said no no i can't i'm pregnant but it's what he said why can't you other women get pregnant too and they do just fine and i thought to myself i think come to think of it he's right i think on the
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other. but even people in east germany had their doubts about full equality at the election 3 men voted against men who thought a woman wouldn't be up to the time after all she was also suppose. to be a good homemaker and mother the typical double but in. 1969 she received the hero of labor ward. all you could be gruesome in. was that some of that watching to my god there's no poppy thank god mommy i thank you i think i always have my own a for me. i don't think i indulged my family too much i think it was all fine but obviously i didn't pamper them or make a huge fuss over them. together ideology and economic necessity promoted equality in east germany as labor
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shortages forced the state to mobilize all its us. in the west on the other hand it was the women's desire for personal freedom that drove their struggle for equal rights. if at 1st thought for example escaped the confines of the small town of mindon in north germany in 1965 she moved to berlin to study theology. on the whole was like i had finally gotten away from home and thought no i'm free here in west berlin but society was still very controlling. all the women in pensioners would keep an eye out for any male visitors. and expect to be home by 10 even monitor the way we dressed and were shocked if we were pants also. if a fist up was fascinated by the rebellious student movement back then but her main priority was equal rights for women she became
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a pioneer in germany's new women's and peace movement. the private is political they said if a stop experienced 1st hand what that meant. for the sexual revolution had begun. yes so we tried out having sex before marriage the consequence was some women became pregnant by accident. suddenly all these questions arise do i want to keep the child can i study with a child will it ruin my career can i rely on the man i slept with will he be a good father once. i went through the same thing. i had to have an abortion once that was in 1969 when it was still illegal. that was soon to change. in the early 970 s. the campaign against paragraph 218 that banned abortion started to take shape.
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but i don't believe that it would have. more and more women demanded the abortion laws which were already 100 years old at the time we reformed with that they sparked a social debate that would continue for decades to come but the social upheaval ran deeper they have questioned criminal law broken a taboo. for women like. it was a measure of self-determination. i can still remember how scared i was it's taken years to shake off that fear. and to fully accept and stand by the fact that we do indeed have the right to choose for ourselves. in east germany abortion was also until 972 then following an emotional debate the fox comma the people's chamber passed a law allowing abortion until the 12th week of pregnancy it was the only decision
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in the chambers history that wasn't passed unanimously. i believe this law clears the final obstacle to full equality for women. but german reunification meant east and west germany yours had to be harmonized it was to take another 5 years to reach a compromise. now all german women have equal access to abortion under certain conditions. it was. my mom going to garnish club view it's easy to forget just how young our current legal situation actually is yeah once and even once until $997.00 rape in marriage was not a criminal offense. you know the abortion regulations we have today didn't exist
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until the 1970 s. high's that means the women's movement of the sixties and seventies and even the eighty's really laid the foundation for how we live today on daffodil leaked video heartily and. events in 1977 posed a fundamental question how far can a state under the rule of law go to defend itself the red army faction terrorist group had declared war on the german state in april they assassinated chief federal prosecutor 63 his driver and his bodyguard. of a big hit it was a very dangerous situation. the state's ability to act and its ability to defend itself against attacks from within were at stake. if terrorists kill or kidnap the country's top representatives and other officials and the state can't gain control of the situation when it puts the trust how far can
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a state under the rule of law go to defend itself the red army faction terrorist group had declared war on the german state in april they assassinated chief federal prosecutor 63 his driver and his bodyguard. over the. it was a very dangerous situation. the state's ability to act and its ability to defend itself against attacks from within were at stake or. give terrorists kill or kidnap the country's top representatives and other officials and the state can't gain control of the situation when it puts the trust placed in. the state in question and that could be dangerous to democracy. on the 30th of july $977.00 the bank a year than punter was shot dead in his own house it was a failed kidnapping attempt aimed at securing the release of 3 r.a.f. terrorists goodman enslin and yes bada and young casper all 3 had been
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imprisoned in a high security jail and stood guard in southwest germany since 974. yet they still managed to direct the actions of other terrorists fighting on their behalf on the outside the state's reaction was uncompromising and reflects roadblocks and id checks by heavily armed police officers became part of everyday life. deal thor's has launched a dragnet search crunching huge amounts of data to try and identify the terrorists anyone could end up in the investigators crosshairs the presumption of innocence a cornerstone of the rule of law was at risk. classed flieger was a young public prosecutor in stuttgart at the time he was shocked by the way the state was proceeding. with.
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control of the police carried out intenser checks with submachine guns at the ready you would fear for your life when you got into those situations and it was noting that 2 incidents occurred in the wider stuttgart area where police officers mistook young people for terrorists and shot them dead. only later did they realize they were wrong yob or causing a volunteer force for the courts and the district attorney's offices were out of their depth the bundestag hastily changed the code of criminal procedure 4 times restricting fundamental. to defense in court the authorities even eavesdropped on conversations between the arias prisoners and the lawyers the state justified everything by saying it was in a state of emergency. and this is. different in my opinion intercepting talks with the defense counsel in the prison was completely out of line from
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a legal standpoint the state is not allowed to invoke a supra legal state of emergency if it thinks it lacks the relevant norms that it must enact. nevertheless the situation escalated once more on september 5th the terrorists kidnapped the president of the employers' association hunts martin flyer and issued an ultimatum his life in exchange for the release of 11 r.a.f. terrorists currently behind bars 5 weeks later 4 members of an allied palestinian group hijacked the live tons of commercial flight lancet and threatened to kill all 86 passengers meanwhile slyer son applied to the federal constitutional court for a temporary injunction that would force the government to give in to the terrorists demands. i based my case on the fact that our constitution says the state must be primarily concerned with the lives of its citizens in this particular case it meant that the state had to do everything humanly possible to protect the
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life of my father who was in immediate danger. to shoot. the constitutional judges in cars who are under massive time pressure to reach a decision they dismissed claim. the sole responsibility now lay with the government of which smit it was the serious dilemma. that. being a constitutional state also means not giving up in difficult situations but also not overreacting or betraying fundamental values. of course it was incredibly difficult in the face of the extremely tense situation in germany at the time grandstands really on the 18th of october 1977 german special forces stormed the lancet on the tarmac of mogadishu in somalia 3 of the 4 hijackers were killed all the hostages were set free. that same night in the stuttgart prison until spada
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young casper and goodman enslin committed suicide in their cells. one smart and schneier was murdered by his captors the police found his body 2 days later in the trunk of a car in the french city of me loose. since then the german government has refused to release terrorists and paid a high price. because of our states must be able to withstand many things no matter how bad they may be up. for example the terrible gamble of whether or not to sacrifice hands martin china in order to avoid making it appear susceptible to blackmail in my eyes there was clearly no other alternative but it shows us our limits. in $989.00 the iron curtain fell it quickly became clear that they would be only
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a single united german state in the future but which constitution would it have. the basic lawful saw 2 possibilities for this case by the east germany would adopt the basic law itself or the new really unified nation would create a new constitution. for months it was hotly debated then on august the 23rd $990.00 east germany's people's chamber in berlin finally decided on the 1st option. then head of the s.c.d. successor party p.d.s. was unable to. his position has fallen so even. though. i am thankful. to 260 article 146 force or referendum to adopt
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a new constitution to replace the basic nor should germany be reunited. if we had opted for that then there would have been a debate and it might have been decided to adopt all essentials of the basic law and then supplement them isn't that you're from because that's about against us. but facing imminent economic collapse the majority of the only democratically elected peoples chamber in east germany's history did not want to wait. things being as they were article 23 the decision to adopt this wonderful basic law was ultimately the only realistic course of action anything else was a lovely dream but it wasn't realistic because we were being rushed there was no time to hold a calm and wide ranging constitutional debate the vast majority of east germany citizens wanted to return to the fold or soon as possible they didn't want a new constitution for fossil. many former g.d.r.
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citizens were now also demanding access to the files of the ministry of state security this. surveillance subversion and harassment have been their methods of choice meticulously recorded in mountains of files. this shootings along germany's border were particularly difficult issue east germany had chosen to prevent its citizens from fleeing to the west by any means possible anyone violating the border was to be arrested or exterminated at least 140 p. . well were killed along the berlin wall 11 how was the nearly reunited german state to deal with the border guards who had fired the fatal shots. they had been acting on orders and yet the courts or the killings of those trying to escape as a violation of elementary justice had the actions of the border guards also been punishable and the east german law germany's rule of law was reaching its limits
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the 1st trial began in 991. i had some problems with the way this decision was reached. as terrible as a found the border in the killing is there to be found you can only be punished for offenses that were punishable at the time they were committed. but. then the attacks on september 11th 2001 suddenly presented a whole new threat was germany prepared well enough to protect its citizens from all threats what would the state do if an aircraft were hijacked and steered say into a crowded stadium in january 2005 the blandest talk responded to these concerns by passing an aviation security law. this actual protect against attacks on the safety
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of air traffic in particular hijackings acts of sabotage and terrorist attacks. if i had think i hide it in this case the air security act resolve this tension between freedom and security by stating that if a hijacked aircraft carrying passengers should fall into the hands of terrorists it may be shot down on. under very specific conditions of course. to save human lives on the ground many. would say. but can a law actually make that choice. can legislators sacrifice a large number of people to save the lives of an unknown number appointed debates broke out over the limits of the law. hunts other place became the chairman of the professional pilots association cockpit in 2005 as the
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pilot's elected representative he fought for the controversial law to be overturned . we found the idea incomprehensible that a state would claim the right to take the lives of innocent people it meant we needn't only be afraid of the kidnapper but also of the state itself even though it was supposed to protect our lives. otherwise to also said shooting down an aircraft would not be an appropriate response and is unlawful according to the principle of proportionality. ground force and we couldn't even imagine how that would work germany isn't very big so how would the fighters scramble in such a brief period before the plane arrived and even if you shoot it down there was still the question as to where the debris would fall on over a densely populated country if you don't want to. cancel placed and members of the bundestag made their case before the constitutional court he referred to the basic
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law article one paragraph to the inviolable and inalienable human rights that apply equally to all the constitutional court declared the aviation security law unconstitutional. infallible. but the federal constitutional court's decision and the debate over the aviation security act show another strength the the rule of law possesses guns i've heard. in there can be no simple solutions when human lives are at stake what you eat meat. the fact that this is what distinguishes a constitutional state. but then some people feel left in the lurch and say they need clear guidelines on how to act it's kind of in hate out of the limousine it's a dilemma there can't be one solution to every problem and at the same time nobody can say that some people's lives are worth more than other people's. legislatures
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also have to respect the principles laid down in the constitution the law protects against despotism nobody is above it in a rapidly changing world laws and even the constitution itself have to be adapted constantly the ongoing struggle over how best to protect the freedoms of all the country's citizens is likely to continue for a long time to come. after . africa.
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solar power lie at. the grid girls are enlightening many villages in cameroon in more ways than one. this in geo bring sustainable energy and know how to the country's women and solves more than one problem in the process. you can look at africa. 30 minutes. a sustainable way scope for the bauhaus. starts nov 14th on t.w. . luxury behind the mirror humans are exploited and animals cruelly slaughtered. big brands have
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committed to fair working conditions and sustainable production. but who is monitoring to some contractors. and investigative documentary goes to italy and china and looks behind the glamorous facades of fashion houses a. luxury because her starts no membership on t w. this is deja news live from berlin pro and anti-government demonstrators take to lebanon
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streets for a weekend of rally supporters of president michel owen try to counter anti-government sentiment that has paralyzed the country for more than 2 weeks. authorities in delhi declared a public health emergency as air pollution reaches the highest levels this year the hazardous smog closes schools and causes dozens of flights to be diverted. in the boat.


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