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France moves to ban far-right Catholic party Civitas for antisemitism
(www.timesofisrael.com)
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The "way less popular NPD" ban failed, because the NPD was way less popular. Cite from DW article (2017): "Although the party's attitude to the constitution has been deemed hostile, it does not have the potential to upend democracy in Germany, the court said."
Same popularity as the SPD (aka 20%) means that the party is not irrelevant like the NPD. So if the party's attitude to the constitution has been deemed hostile and it does indeed have the potential to upend democracy in Germany this should be the perfect time to ban this party.
Problem being, when one voter every 5 supports a party, it's not that simple as you're basically saying 20% of your entire population is unfit according to the constitution.
It's a suicide, politically speaking
But it's true! Which make's the whole thing fucking dangerous. That's exactly the reason the constitution does have articles in it meant to combat this very thing.
It may be a cynical argument but... People who wrote Grundgesetz doesn't need to be elected anymore, people who does politics today, instead, needs to.
We live in a democracy, at the very end, the electorate is the true final judge.
https://en.wikipedia.org/wiki/Entrenched_clause#Germany
Germany's constitution protects certain parts from changed through regular legislation. This was done specifically to prohibit the rise of authoritarian governments.
There are many more citizens than voters. Only around 72% of those, who are allowed to, vote and this also leaves out the people who are not allowed to.