fact that carrying out the laws that give the same laws, is now one of the worst crimes against the separation of powers and the entire intelligence calls this despotism! This is the concept of despotism that just lacking that separation of powers between the legislative and executive branches.
applies, since it is the Enlightenment - and the French Revolution Declaration of 1789 was exactly defined: "A state has no constitution, if the violence is not divided."
can from the experience abuse of power - we are experiencing now again - not absolutely of this Montequieu `s powers move away. Such a system is not a right state! No separation of powers - no rule of law. It just adds: no legal protection.
(Karl Albrecht Schachtschneider)
(Karl Albrecht Schachtschneider)
***
Who wants to give the Republic a chance to make every effort needs to refine the procedure of the common life through the laws, ie counter a majority rule majority rule. The Federal Constitutional Court restricts the majority principle:
"And only if the majority of a free and open, regular to be renewed expression and decision-making process in which can in principle participate in all optional responsible citizens to equal rights, out given addressed, if it is from their decisions - has public good in mind, noted in particular the rights of minority and taken into account their interests, - each to be determined it especially does not take the legal opportunity or shortened, the majority of tomorrow will be, can apply the decision of the majority upon the exercise of state power as the will of the community and deemed by the idea of free self-determination of all civil commitment power for all "
( BVerfGE 4, 125 (142)), in KA from Schachtschneider, freedom the Rebuplik, S 155)
"And only if the majority of a free and open, regular to be renewed expression and decision-making process in which can in principle participate in all optional responsible citizens to equal rights, out given addressed, if it is from their decisions - has public good in mind, noted in particular the rights of minority and taken into account their interests, - each to be determined it especially does not take the legal opportunity or shortened, the majority of tomorrow will be, can apply the decision of the majority upon the exercise of state power as the will of the community and deemed by the idea of free self-determination of all civil commitment power for all "
( BVerfGE 4, 125 (142)), in KA from Schachtschneider, freedom the Rebuplik, S 155)
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