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Chat Control: Incompatible with Fundamental Rights (2022)

(freiheitsrechte.org)
833 points Bluestein | 1 comments | 18 Jun 24 09:34 UTC | HN request time: 0.216s | source
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mro_name ◴[18 Jun 24 10:16 UTC] No.40715944[source]▶
I wonder how it can be legal to repeatedly undermine constitution and push or vote for later high-court-nullified laws and be allowed to repeat as if nothing was wrong with that. Like drunk driving forever. We ban counter-constitutional activities outside parliament and authorities. Why not inside?

I am much for 3-strikes here.

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JumpCrisscross ◴[18 Jun 24 10:34 UTC] No.40716073[source]▶
> to repeatedly undermine constitution

The EU doesn’t have a constitution [1], simply enabling treaties [2].

The solution would be in ratifying a constitution.

> am much for 3-strikes here

Careful. A party in power will seek to nullify issues by putting forward and then defeating sham bills.

[1] https://en.m.wikipedia.org/wiki/Treaty_establishing_a_Consti...

[2] https://en.m.wikipedia.org/wiki/Treaties_of_the_European_Uni...

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thfuran ◴[18 Jun 24 10:37 UTC] No.40716090[source]▶
>The solution would be in ratifying a constitution.

That certainly doesn't prevent politicians from voting for unconstitutional laws.

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JumpCrisscross ◴[18 Jun 24 10:40 UTC] No.40716121[source]▶
> certainly doesn't prevent politicians from voting for unconstitutional laws

At that point you no longer have a legislative body, but an advisory council to whomever it is that decides what votes are and aren’t punishable. (See: Iran, China, the Roman Principate, early parliamentary monarchies.)

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mro_name ◴[18 Jun 24 11:09 UTC] No.40716324[source]▶
difficult balancing act. Having a legislative body throwing fundamental rights out of the window isn't appealing either.
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1. lucianbr ◴[18 Jun 24 12:28 UTC] No.40717013[source]▶
It's only difficult because people keep voting for politicians willing to throw fundamental rights out the window. I don't think any solution exists in this circumstance. People want to vote for bad politicians but to get good results. Good luck designing a system that does that, and does not just discount what people vote for.