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An argument on The Basic Law and the Limits of Toleration - Essay Example

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Name: Instructor: Course: Date: The Basic Law and the Limits of Toleration Toleration is one of the most significant virtues advocated for by liberals. This is because it is dedicated to the value of individual autonomy, which is the ability of human beings to make its own laws…
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An argument on The Basic Law and the Limits of Toleration
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An argument on The Basic Law and the Limits of Toleration

Download file to see previous pages... Liberalism strives to create justifiable criteria for determining what courses or options of actions are justifiable out of a person’s set of feasible actions, or added to improve its significance, and options that people can legally pursue (Schmitt 147). A person’s ability to make law for his or herself does not imply that the results of actions will be wise. In the name of liberty, they will begin doing weird things, in their privacies, and then complain about life being boring. According liberalism, liberty has a significant meaning only if it includes the freedom to do things that everyone does not agree with. These are the actions that the liberals have to tolerate. This is what is referred to as liberal tolerance (Schmitt 145). Annette Schmitt, in his article “The Basic Law and the Limits of Tolerance” is determined to assess whether a constitution that allows the suspension of individual rights (Art. 18GG), and the prohibition of parties (Art. 21.2 GG) deserves to be labeled as a liberal-democratic constitution (Schmitt 149). Schmitt performs this assessment based on the analytical framework created by the liberal concept of toleration. Tolerance is only meaningful, within the liberal concept theory if it has certain limits. ...
e is natural law created by Creator to, which everyone is entitled to, and it is the duty of a state (society) to protect these rights (Benvindo 333). Some of these rights include: equality before the law; freedom of expression; freedom of assembly and association; freedom of faith; of conscience, and of creed; right of property, of asylum, and of petition; right to life, and the right to privacy of correspondence, posts and telecommunications (Schmitt 149). These rights are stipulated in Art. 1 GG. It asserts that Human dignity shall not be violated, and it is the duty of a society (state) to respect and protect these rights (Schmitt 150). The content of Art. 1 GG, may not be altered at all, like Art.2 to 17 GG whose contents may not be altered as long as their essential content is concerned. This is because Art. 1 to 17 GG are not ordinary programmatic statements, but directly applicable laws (Schmitt 149). According to the basic law, anybody who feels that his or her rights have been violated with a judicial ruling, a statute enacted by parliament, and a decree issued by the administration has the legal rights to present his or her complains before the Federal Constitutional Court. In this case, Schmitt feels that the parliament, local administration, and the judiciary are responsible for suspending or prohibiting an individual’s right, which the citizens feel that is not objectionable (Rogowski & Gawron 25). A state is tolerant if it accepts to puts up with its citizens doing certain objectionable things. However, it has the freedom to stop tolerating these actions. The first stage in “stopping tolerating” is “Start prohibiting”. A state may decide to prohibit certain courses of actions if it finds that certain rights are objectionable. When a state ...Download file to see next pagesRead More
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