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Resistance

Resistance

Resistance

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GERMAR RUDOLF, RESISTANCE IS OBLIGATORYso that assaults on almost any individual article at once touches uponthe principles of art. 20 of the Basic Law [the right to resist].” 255For this reason article 1 of the Basic Law is particularly protected byarticle 20, paragraph 4, as the right to resist encroachments of the stateon human dignity. 256 Roman Herzog is not the only one holding theview that article 20, paragraph 4, is not just a clause protecting the constitution,but rather a fundamental right of each citizen to resist violationsof human rights. 257This closes the circle of my argumentation, at the beginning ofwhich I demonstrated that the right to doubt, to search for the truth, andto communicate the results of this activity is simply constitutional forbeing human, hence for human dignity as such. 258255 R. Herzog, ibid., p. 100; K. Peters, ibid., p. 188.256 R. Herzog, in: Theodor Maunz, Günter Dürig, Grundgesetz Kommentar, 41st Supplement(Ergänzungslieferung), Munich 2002, Art. 20, para. 4, Rn. 17-19: acc. to K. Peters, ibid.257 R. Herzog, ibid., Rn. 1 & 4ff.; similar: Friedrich E. Schnapp, in: Ingo von Münch, PhilippKunig (eds.), Grundgesetz Kommentar, 4th/5th ed., Munich 2001, Art. 20, Rn. 59; as well asJosef Isensee, Das legalisierte Widerstandsrecht, Bad Homburg 1969, p. 81: quoted acc. to Peters,ibid., p. 189.258 Although ordered well before the beginning of my trial, I obtained the dissertation by Petersquoted here, which relies on Roman Herzog as kind of a key witness, only half a year after theend of my trial, delayed mainly due to the extremely lengthy censorship of my judge, which inthe months immediately prior to the start of my trial lasted almost two months. This restrictionto my ability to mount a defense shall be compensated partially by this addendum. G.R., Mannheim,29 Aug. 2007.207

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