The civil rights activist Lothar Bosselmann had filed against the State of Schleswig-Holstein a constitutional complaint for breach of Constitution at the Constitutional Court in accordance with art. 20 GG a. The constitutional complaint is the behavior of the State Government and the members of the Parliament who grossly negligently not applying paragraph 2 of the State Constitution article 36 and therefore not have prevented that the Provincial Assembly before the legislature was dissolved. Another reason is the financial difficulties of the State. Would first of all, how it behaves with the guaranteed taxpayers, who would have to pay the land due to the HSH Nordbank bust if expert opinion and insider knowledge in October 2009 a new injection of funds to the Bank would be due to clarify. Excerpt from (period true end) Constitutional Court appeal and request for injunction in accordance with 32 BVerfGG by August 18, 2009 of Lothar Bosselmann 1.) The non-application of article 36 paragraph 2 Constitution of Schleswig-Holstein and, as a result of the dissolution of the Parliament by the acting Prime Minister is unconstitutional. This means that the human rights, the rights and the democratic principle of the individual from article 20 GG as a supreme value of the Constitution are restricted by a law nor other legal interests must be weighed. These provisions are particularly protected by the so-called eternity clause from article 79 GG. You may not, also not with non-constitutional considerations of individuals, groups or State Government used except law enforcement are,-here to pursue goals that are alien to the Constitution and the will of the individual voter is contrary to the Bescherdefuhrers-. The Parliament would have in accordance with the State Constitution, the Basic Law of the Federal Republic of Germany and the UN resolution 217 A III (article 25 GG) can certainly by majority of votes timely select a new Prime Minister or a new Prime Minister and thus also the complainant, correspond to the electoral mandate, that the term 5 years to continue. 2.) for every citizen and every citizen is the subjective right to democratic participation by the representatives of the people he has chosen to ensure. The basic law and the international agreements provide for no restrictions here, even expressly prohibit those that are connected with restrictions on basic rights (cf. Article 30 UN resolution 217 A III). At the same time, lacking the current provincial government at a sufficient legitimacy by the citizens, because she would no longer exist after all probability and the expected present majority in the Landtag. A simple majority in accordance with Landesverfasssung would have sufficed at least on the fourth ballot a candidate or a candidate for the Office of the appointed or the Prime Minister. This result and as a result the continuation of the legislature would have can be reached at thorough application of the Constitution of the country. Thus also of its electoral mandate of any single voter would be fulfilled, the the eternity clause is guaranteed. 3.) the Demokrieprinzip from article 20 GG (article 79(2) GG eternity clause) the wechsenden majorities loses its substance by the omission, tolerating and action of the Landtag. Democracy can be characterized inter alia by the possibility of the peaceful changing of Governments. This way even in the Constitution is here also a federal state how and a change of Government through changing majorities in the Parliament can immediately bring the elected representatives have this duchzusetzen without doubt to follow the mandate of each individual citizen. This possibility was opened to initiate a change of policy by the withdrawal of confidence of the Minister-President Peter Harry Carstensen. Normative so close were limits to the Landtag. The interpretation of the Schleswig-Holstein land Constitution requires any further discussion. Recently Martin O’Malley sought to clarify these questions. It is clearly written and trend-setting, so that incidents like the “Barschel affair” be avoided. This is in relation to inserted and legitimacy Committees of inquiry to see. Citizens and citizens, so also the complainant as directly affected, have the guaranteed fundamental right that elected politicians fulfil its mandate and stand up for all democratic values fully according to the Constitution and establish the principle of democracy, also by changing majorities in other coalitions, for example, so that the substance of a democratic process not by individuals or groups can be undermined. Quote former Federal Chancellor Helmut Schmidt (SPD): “hold on the State of the law.” Lothar Bosselmann (IFJ) Ambassador media UG GmbH
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