Germar Rudolf, Resistance Is Obligatory (2012; PDF-Datei

GERMAR RUDOLF, RESISTANCE IS OBLIGATORY
In summary Dreier posits about the right to disobedience: 226
“An act is constitutionally justified a) if it falls within the realm
of protection of a civil right and b) if it remains within the bounds of
that civil right. […]
It goes without saying that obedience is due to the parliamentary
legislator, provided that he abides by the constitution.”
Helmut Simon, at that time a judge at the German Constitutional
High Court, stated in another contribution to this discussion: 227
“On the other hand, that is withdrawn from majority decisions
which the constitution protects in its civil rights and other basic
principles as something that is beyond voting, which is in the interest
of all citizens and especially of minorities.”
I think that this is exactly what we are dealing with in our case, because
research results, i.e. freedom of science and research, must not be
prescribed or restricted by majority decisions.
During the same SPD forum Wolfgang Huber, at that time professor
for social ethics and evangelical theology at Würzburg University, asserted
the following in his contribution “The Limits of the State and the
Duty to Obey” with regards to experiences during the Third Reich: 228
“Nonetheless the memory was retained that there are limits to
governmental power, the transgression of which triggers the duty to
disobey. […] the great work by Thomas Aquinas contains this insight:
‘An individual needs to follow human authorities only so far
as it is required by the order of justice.’”
Huber quotes Martin Luther in this context as follows: 229
“It is not revolt or disobedience, if I do not obey those things to
which the emperor is not entitled.”
Huber affirms that the citizen is encumbered with a double obligation,
that is on one hand the duty to obey the state under the rule of
law, 230
“but on the other hand the obligation to independently scrutinize
the law and if need be the resistance against measures which cannot
be considered general laws.”
226 Ibid., pp. 64, 72f.
227 Helmut Simon, “Fragen der Verfassungspolitik,” in: Peter Glotz, op. cit. (note 220), p. 101.
228 “Die Grenzen des Staates und die Pflicht zum Ungehorsam,” ibid., p. 109, reference: Thomas
Aquinas, Summa Theologica, II/IIq, a6, ad 3.
229 Ibid., p. 110; reference: Weimar edition, vol. 32, p. 184.
230 Ibid., p. 111, with reference to Kant’s Categorical Imperative.
188