@article{2018:oberreuter:notstandsv,
title = {Notstandsverfassung 1968: Die Kompetenz des Parlaments und die Blamage seiner Gegner},
year = {2018},
note = {The 1968 legislation succeeded in transforming the state of emergency
in Germany: it no longer entails the executive’s overwhelming
prerogative. Hence, Parliament’s rights and structures as well as
the constitutional state and its functioning will not be curtailed in
a state of emergency. In defending these principles, the Bundestag
invoked and used legislative competencies and its autonomy vis-à-vis
the government, while at the same time trying to engage public opinion
to a hitherto unprecedented degree. Those opposing the project proved
to be scarcely or badly informed regarding the parliamentary debate,
on the one hand, while on the other hand, radical protagonists
manipulatively formed an alternative public sphere. These latter
actors intended to overcome the given political system. Passing the
law did, contrary to all predictions, not result in democracy’s
demise, but rather led to an end of the challenges posed by its
opponents. This specific legislative process pertaining to the
regulation of the state of emergency in Germany allows insight into
the parliamentary forming of political consensus and the way this is
intricately linked to public opinion.},
journal = {ZParl Zeitschrift für Parlamentsfragen},
pages = {855--870},
author = {Oberreuter, Heinrich},
volume = {49},
number = {4}
}