You seem to be putting a personal definition of anti-freedom and fascist in here. Any state law that goes against the federal constitution can be challenged. Are these worse than banning circumcision, which appears to blatantly go against Germanys Article 4 (Federal law)?
If one wants to, one can always find some outrageous laws to spin a narrative. E.g.: the laws regarding drinking in public in the US are blatantly anti-freedom. The municipal by-laws of some communities (down to the sort of grass you have to use for your lawn) are outright fascist
Theyre a bit exhaustive, but if you insist. How about Article 5 for a start?
Please, elaborate. I think it would be fascinating to discuss the specific clauses
A giant hole that allows freedom of speech to be legislated away at a whim. This is one of the most important basic rights, and the wording is even more restricting than in the USSRs constitution.
- Every person shall have the right freely to express and disseminate his opinions in speech, writing and pictures, and to inform himself without hindrance from generally accessible sources. Freedom of the press and freedom of reporting by means of broadcasts and films shall be guaranteed. There shall be no censorship.
- These rights shall find their limits in the provisions of general laws, in provisions for the protection of young persons, and in the right to personal honour.
- Arts and sciences, research and teaching shall be free. The freedom of teaching shall not release any person from allegiance to the constitution.
Another opening to legislate away a basic right. Compare both of the aforementioned with the USAs First Amendment now.
- All Germans shall have the right to assemble peacefully and unarmed without prior notification or permission.
- In the case of outdoor assemblies, this right may be restricted by or pursuant to a law.
That goes way beyond eminent domain as understood in the USA; it puts property intended to remain private at the obligation of public good, definition left vague. That is almost into the territory of the Marxist concept of socialist property, but altered to give a nod to the right of inheritance that Marxism abolishes.
- Property and the right of inheritance shall be guaranteed. Their content and limits shall be defined by the laws.
- Property entails obligations. Its use shall also serve the public good.
- Expropriation shall only be permissible for the public good. It may only be ordered by or pursuant to a law that determines the nature and extent of compensation. Such compensation shall be determined by establishing an equitable balance between the public interest and the interests of those affected. In case of dispute concerning the amount of compensation, recourse may be had to the ordinary courts.
Why are such stipulations necessary? What entails abuse of a right?the term is left undefined, and that leaves it up to the whim of a court to insert personal opinion (i.e. the rule of man into). And the Constitutional Court in Karlsruhe seemingly has the power of forfeiture of any and possibly all rights; not even the USAs SCOTUS wields such power.Article 18
Whoever abuses the freedom of expression, in particular the freedom of the press (paragraph (1) of Article 5), the freedom of teaching (paragraph (3) of Article 5), the freedom of assembly (Article 8), the freedom of association (Article 9), the privacy of correspondence, posts and telecommunications (Article 10), the rights of property (Article 14), or the right of asylum (Article 16a) in order to combat the free democratic basic order shall forfeit these basic rights. This forfeiture and its extent shall be declared by the Federal Constitutional Court.
Article 19
- Insofar as, under this Basic Law, a basic right may be restricted by or pursuant to a law, such law must apply generally and not merely to a single case. In addition, the law must specify the basic right affected and the Article in which it appears.
- In no case may the essence of a basic right be affected.
- The basic rights shall also apply to domestic artificial persons to the extent that the nature of such rights permits.
- Should any persons rights be violated by public authority, he may have recourse to the courts. If no other jurisdiction has been established, recourse shall be to the ordinary courts. The second sentence of paragraph (2) of Article 10 shall not be affected by this paragraph.