durangodawood
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- Aug 28, 2007
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Yes, the rights notes in the US const are not absolute. We fond that out pretty quickly. The result is a much stricter standard of legal review for laws that would violate those rights ("Fire!" in a crowded theater, etc).Put that down to the german accuracy with rules. Plus the fact that the Grundgesetz is about 150 years younger than the US constitution, and was able to learn from some "mistakes" made in the meantime.
You will find that, even if the U.S. Constitution does not explicitly state that, it is exactly what the U.S. judicial system is doing.
For example, there is absolutely no limit given in the constitution for the right to assembly. No limit. At all.
Try to arrange a "black life matters" demonstration on the White House grounds... and see how this will turn out.
Even these rights are violable. They might be given a lot of leeway, but when religious practices violate secular law, you don't simply deny that they are religious... you ban them. Example: polygamy, which is still a religious practice amongst some Mormon splinter groups, and definitly an allowed religious practice in Islam... yet illegal.
Hey, and by the way... you didn't address my point at all. Whether a right is violable in exceptions defined by a law or not is completely irrelevant to the question whether it is objectively observable.
I must not be held captive against my will. This is a right guaranteed by Article 2. Except when I have broken the law and the police comes to arrest me. This is an exception defined by the law. This is objective. It is clear when I am held against my will. It is clear when someone has the legal right to hold me against my will.
But it is not clear - it cannot be clear, by definition - to say whether or not I have a religious or consciental conviction.
As for religion, whats to stop German law from, say, banning the construction of Muslim mosques?
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