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Basics continued

 

To understand the scope of the subject better it is necessary to comprehend, that the judicial system is nothing less than the backbone of the organisation of the state (or EU). Within the organisation of the society it is the official (government) authority, by this declared »legal« in its deciding and enforcing, which means using »legal« power (the power installed by society) in turn against the members of the society.

In a so called democratic constitutional state people will elect a government, which makes the rules (laws) which are the framework (and not only guidelines) for interaction and sanctions within the society. As the power in a democratic constitutional state rests within the people (through parliament) this means, that the bodies of the state are tied by the laws given.

Such, the judicial system is nothing more then the service from the state to perform on the rules - and it is in no way legislative (making rules) itself.

Doing so would come to the point of cutting powers of parliament and usurp those powers. The result will be contradictory to democratic structures, in fact it can be called a feudal situation.

Note: the functionality of this democratic judicial system depends heavily only on assumptions, namely, that the rules installed are followed and not twisted.

A brief overview about the law-system governed by the constitution of Germany:

Article 20 [Constitutional principles – Right of resistance]
(3)
The legislature shall be bound by the constitutional order, the executive and the judiciary [shall be bound] by law and justice.

This is the text as published by the German Bundestag. The original in German reads:

(3) Die Gesetzgebung ist an die verfassungsmäßige Ordnung, die vollziehende Gewalt und die Rechtsprechung sind an Gesetz und Recht gebunden.

I wonder if the word shall corresponds to the German text as shall may have various grades of its meaning. The constitution lays (in another article about judges) down, that this is an absolute condition, not one to be interpreted. My translation would be:

The legislature is tied (bonded) to the constitutional order, executive enforcing and judicature [i.e. courts]are tied by law and justice.

The point to make is: there is no tolerance regarding the law let alone constitution-
which is self-explanatory from the structures, which a democratic society imposes.