Police and Democratic Politics (From Polizei und strafprozess im demokratischen rechtsstaat, P 143-167, 1978, Erhard Denninger and Klaus Luederssen - See NCJ-72399)

• NCJ Number: 72401
• Author(s): E Denniger
• Date Published: 1978
• Length: 25 pages
• Sale Source: Suhrkamp Verlag
• Language: German
• Country: West Germany (Former)

Annotation

The role of the police in a free, constitutional democracy is discussed in this West German paper.

Abstract

With an increase in the number of street demonstrations and confrontations, the nature of this role is receiving greater attention. After the collapse of the German government at the end of World War 1, the West German police agencies were reorganized. The organization and roles of the police in the earlier Weimar Republic served as a model; this model, however, had its foundations in the earlier constitutional monarchy and did not include a substantive conception of the police role which could be effective in a free, constitutional monarchy. Traditionally, the police were expected to deal with dangerous and disruptive elements in a society whose political order was seen as fixed, with little room for change. However, in a democracy the structure and functions of the government are open to continuous renewal, and the definition of what is dangerous and disruptive is subject to change. In such an environment, police loyalties should not be bound to one particular administration: their loyalty to the constitution is essential. They should not take sides in those social and political conflicts which characterize a democracy. Their role should include the protection not only of lives, property, and privacy, but also of citizens' rights to gather and to express their opinions. This role can be fulfilled only as long as the police are willing to realize that the common good can take many forms; that their knowledge of the law alone does not necessarily make them more qualified than others to determine what is best for the community; and that this knowledge also does not qualify them to rate various political values as good or evil. Although a determination of what is dangerous or disruptive to society is not easy to arrive at, one clear indicator is available: civil war or the rule of the club is not acceptable. Furthermore, a fundamental principle of the West German constitution can also serve in such a determination: the end must not only justify the means but be constitutional in itself. Footnotes with references are included. --in German.