Rule of Law

See for instance the cases that he recorded in examples of astrological rules Of lawe and controversie (Ashm. 392, fos. 172-80) and his litigious feud with Peter Sefton from 159( 1601, detailed throughout the casebooks and narrated by Rowse Forman, 141-5. For court records involving Forman, see e.g. a bill of complaint brought by Audrey Sweyland Public Record Office, Stac 5 s. 79/33,12/34 and n. 124 below 5 Ashm. 195, fo. 195 392, fo. 172 226, fo. 275 Ashm. 226, fos. 285,292 ... 

Fundamentally, what Elson calls the idea of Indonesia would have been profoundly different. The romantic, sacrificial abstraction served by coundess emotive rituals and even cabalistic repetitions of the 17-8-45 formula (the date of the independence proclamation) has been powerful in post-revolutionary Indonesia. State rituals and museums were designed to remind that this idea was conceived in blood, and further blood was permitted in its name. The revolutionary unitary ideal demanded the overthrow of the colonial rule of law, but it was force... 

In a state under the rule of law, a witness, including an expert witness, can not be punished for what he says before the court or for what he presents in writing to the court, in good conscience and to his best understanding. 

The trial, which lasted from the end of 1994 to the middle of 1995, destroyed what remained of my illusions about the rule of law in Ger-... 

In what follows, I shall show by my own experience which indicates that the rule of law in the German state has many flaws that make it easy for the judicial system in general and the judges in particular to deliberately make bad decisions uncorrectable, because they have the appearance of being decided according to the rule of law. 

In other nations observing the rule of law, such as the United States, Canada, Australia, or Austria, word-by-word transcripts of the... 

Thank heaven, we live under the rule of law. But unfortunately, that does not apply to the territory of the Federal Republic of Germany. Johannes Gross, Capital, Germany, Nov. 1994, p. 3... 

So, what is such a state to do when it turns out that the Revisionists really are right Is it supposed to dissolve itself Or is it supposed to ban the study of history and to jail all historians It is easy to see how far from the straight and narrow such erroneous views lead someone who pretends to wish to protect this Republic through the ruthless defense of the standard Holocaust tales will, in the crunch, find himself forced to undermine the actual pillars of this state, which are freedom of expression, freedom of research, teaching and science, and an independent justice system under the rule of law. He thus becomes, not the protector of a free and democratic fundamental order, but its greatest threat. 

Professor Hayek, who is one of the most eminent supporters of written, general, and certain rules at the present time as a means of counteracting arbitrariness, is himself perfectly aware of the fact that the rule of law is not sufficient to achieve the purpose of safeguarding individual freedom, and admits that it is not a sufficient condition of individual freedom, as it still leaves open an enormous fieldfor possible action of the State. (F. A. Hayek, The Political Ideal of the Rule of Law, National Bank of Egypt, Cairo 1955, substantially republished in his The Constitution of Liberty)... 

If it should raise doubts in your mind as well, then Die Presse must nevertheless take a stand AGAINST 283a not, however, due to the cause per se (again, I agree with you regarding the potential for misunderstandings), but due rather to the hazard posed to our state under the rule of law. A handful of neo-Nazis are not worth jeopardizing the maxims of a state under the rule of law. 

As far as I am concerned, a law that criminalizes the scientific debate about issues of contemporary history is unconstitutional, and irreconcilable with the basic principles of a state under the rule of law. 

In any western nation under the rule of law one must naturally answer this in the negative. And therefore such a violation also cannot be alleged against a private researcher such as Walter Luftl, who has looked into this issue and concluded as the result of an examination of the facts and of his own replicable and verifiable reasoning that the truth desirable from the perspective of public education is as yet open to doubt since it stands in contradiction to natural laws and what is technically possible. Such an allegation would be all the more inappropriate since the examination of individual aspects of the overall subject has been expressly declared to be outside the province of the law cited (cf. Stenographic Transcripts of the Austrian National Assembly). 

In academia as well as in the justice system of a state under the rule of law, there is a hierarchy of evidence reflecting the evidential value. In this hierarchy, material and documentary evidence is always superior to eyewitness testimony.4 Thus, academia as well as the justice system regard eyewitness testimony as the least reliable form of evidence, since human memory is imperfect and eas-... 

In no case were the alleged murder weapons sought and found, i.e., examined forensically by international committees or by courts under the rule of law. 

J. Buszko, Auschwitz. Geschichte und Wirklichkeit des Vemichtungslagers, Rowohlt, Reinbek 1980, pp. 193ff. R. Henkys, op. cit. (note 9), p. 191, believes that in 1947 the Polish took care to ensure that trials were conducted in accordance with the principles of rule-of-law. But since hardly any of these trials at that time in the sphere of influence of Stalin were conducted as such, one wonders on which information Henkys relies. 

The decisive prerequisite for these conditions is the worldwide climate of persecution and defamation to which anyone and everyone is subjected who may possibly have been in any way connected with alleged National Socialist crimes or who is suspected of doubting the truth of these. The allegedly unprecedented nature of these crimes induces an unparalleled moral blindness in Nazi-hunters and in the guardians of the fundamental anti-Fascist consensus that prevails in politics, in the media and even among the broad masses, which suspends the rules of common sense and justice guided by the rule of law, so that the corresponding court cases call the medieval witch trials vividly to mind. 

This situation is not only unfortunate for the individual tragic case in question, but should be a cause of sleepless nights for anyone concerned about how far Germany is actually under the rule of law. 

---