Umbau des Rechtsstaats von rechts
With Judith Kohlenberger, Alexander Schwarz, Maximilian Steinbeis u.a.
The fourth edition of the HAU discourse series “On Justice” sheds light on how right-wing actors reinterpret the rule of law from within and instrumentalise it for their own purposes. The focus is on the targeted undermining of democratic principles, particularly in dealing with migration, as well as strategies for defending the liberal constitutional state.
The constitutional state – long seen as a guarantee of freedom, equality and the containment of political power – is increasingly being targeted by attempts at political reorganisation. In Europe and worldwide, there is a growing movement from the right that is not aiming for an open break with the principles of the rule of law, but rather a creeping reorganisation of constitutional principles from within.
Right-wing parties and actors are instrumentalising the call for the rule of law to legitimise repressive migration policies, delegitimise political opposition and repress critical civil society. This strategy is visible internationally, from Hungary, to Argentina, to the USA, and it has long since also reached Germany.
The institutions remain in place, but their functions and norms are being deliberately shifted – away from the protection of fundamental and minority rights and towards an authoritarian national policy of order. At the same time, liberal legal principles, such as the independence of the judiciary or the protection of minority rights, are being systematically delegitimised or undermined. This is particularly evident in the handling of migration. Calls for the rule of law are selectively used to legitimise a policy of isolation and exclusion, while constitutional guarantees for those seeking protection are undermined.
In the fourth edition of the HAU discourse series “On Justice,” among others, the following questions, will be discussed:
What strategies are right-wing actors pursuing in the restructuring of the rule of law? How is the rule of law reinterpreted and instrumentalised in the context of migration? How does this authoritarian legalism work and what consequences does it have for democracy - in Germany and beyond? And what role do civil society, the judiciary and academia play in the defence of the liberal rule of law?
German / ca. 120-180 Min.