Altan Öymen

What if the Constitutional Court does not exist?

15 Kasım 2023 Çarşamba

What if the Constitutional Court does not exist in democratic countries?

In democratic nations lacking a constitutional court, a void emerges, risking the erosion of constitutional principles and individual rights. Historical instances highlight the consequences of such gaps.

For example, in the 1930s, Adolf Hitler's ascent to power in Germany via democratic means swiftly transformed into a dictatorship. 

Analogous scenarios unfolded in other European countries. Despite initial engagement with democratic policies, leaders exhibited insincerity upon assuming power, neglecting democratic rights.

Hitler's rapid consolidation of state control included persuading President Hindenburg to add an "authorization law" to the Constitution. That granted not only the parliament but also the "government" the authority to pass laws in emergencies, curtailing checks on executive power.

"One Nation, One Leader"

Following President Hindenburg's death, Hitler assumed complete power, adopting the title "Führer" (leader, guide) and the slogan "One state, one nation, one leader." This enabled him to issue unchecked orders to state institutions, media, and legal bodies.

Manipulating media, Hitler changed management and placed some under his party's command, causing global disasters during World War II.

***

Writing from a Munich hotel room, I switched on the television, mainly desiring "news programs." Unfamiliar with current German channels, I recalled NTV ("Nachrichten TV") and tuned in. To my surprise, there was no daily news; instead, a documentary aired—coincidentally on "The Hitler era and Hitler's cadres," aligning with my article's theme.

Initially surprised, considering the passage of nearly 80 years since Hitler's era, I reflected on the persistent historical consciousness in Germany. The global saturation of written, photographed, and filmed accounts contrasts with Germany's continued focus on past events in its news programs.

Returning to the television, NTV rebroadcasted the Hitler documentary. Other channels similarly revisited the period, emphasizing the ongoing relevance of historical reflection in the present narrative.


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