On Justice #4
Umbau des Rechtsstaats von rechts
With Judith Kohlenberger, Marjam Samadzade, Alexander Schwarz, and Maximilian Steinbeis
Moderation: Margarita Tsomou
- Dialogue
German /
approx. 120-180 mins.
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.
For a long time, the rule of law was seen as a liberal guarantor of freedom, equality and protection against abuse of power. However, more and more parties are increasingly instrumentalising the concept of the rule of law. In the process, fundamental rights are being relativised, international law undermined and the individual right to asylum called into question. Critical voices from civil society, academia and the opposition are coming under pressure – following the example of illiberal developments in the USA, for example. The institutions remain in place – but their functions are shifting: away from the protection of individual rights and towards an authoritarian regulatory policy.
The fourth edition of the HAU discourse series “On Justice” asks: How is the rule of law being reinterpreted? What strategies are right-wing actors pursuing – both nationally and internationally? What role do concepts such as raison d'état, illegal migration and national security play in this reorganisation? And how can civil society, the judiciary and academia effectively counter the authoritarian drift?
At the same time, it is about more than defence: what can a progressive constitutional state project look like that takes the limitation of state power seriously and at the same time is open to a radical democratisation of all areas of life? What is needed is a clear defence and further development of the rule of law – against authoritarian appropriation, for justice, participation and freedom.
In discussion:
Judith Kohlenberger is a cultural scientist and migration researcher on the topics of flight, migration and national and European asylum policy. In her book “Gegen die neue Härte” (Against the New Harshness), published in 2024, she shows what a high price we are paying for our isolation and counters the new harshness with a concept of empathy and closeness.
Marjam Samadzade has worked as a lawyer and public prosecutor and is a judge at Ratzeburg District Court.From July 2022 to October 2023, she was State Secretary in the Ministry of Social Affairs, Youth, Family, Senior Citizens, Integration and Equality of the State of Schleswig-Holstein.
Dr Alexander Schwarz is a lawyer and deputy head of the International Crimes and International Responsibility programme at ECCHR. In this capacity, he supports victims and survivors of human rights violations and serious international crimes before national and international courts.
Maximilian Steinbeis, lawyer and author, is the founder and editor-in-chief of the “Verfassungsblog”, which has been covering constitutional law and legal policy issues since 2009. He is co-initiator of the “Thuringia Project”, a research project that investigates what happens to the constitutional state when an authoritarian populist party in Thuringia gains control of state power.
Dates
Past
Credits
A discourse series by HAU Hebbel am Ufer in cooperation with ECCHR (European Center for Constitutional and Human Rights). Funded within the framework of the Alliance of International Production Houses by the Federal Government Commissioner for Culture and the Media.
Location
HAU1
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