OÖDP Challenges Human Dignity Norms, Proposes New Judicial Nomination Process
Peter Singer, a prominent philosopher, once held the most extreme view on the right to life, according to legal scholar Brendle-Behnisch. Meanwhile, the OÖDP (Upper Austrian Party of the Environment) has a unique stance on human dignity and the nomination of judges to the Federal Constitutional Court.
Brendle-Behnisch recalls the 'Rosenheim Declaration' of the Evangelical-Lutheran Church, which significantly influenced the current legal formulation of paragraph 218, dealing with abortion. The OÖDP opposes the criterion of full human dignity being reserved only for those not immediately physically dependent on others.
Brosius-Gersdorf, another legal scholar, argues for valuing human life based on autonomy and the ability to exercise rights, a perspective echoed by the OÖDP. The party aims to prevent the notion that those who cannot overcome challenges independently lack full human dignity.
The OÖDP proposes a novel system for nominating constitutional judges. They suggest that judges should be nominated by the court itself, with approval required from the Bundestag and Bundesrat. This approval process would alternate between the two bodies and require a two-thirds majority.
The OÖDP's stance on human dignity and the nomination of judges to the Federal Constitutional Court is distinctive. By advocating for a more inclusive view of human dignity and a less political appointment process, the party seeks to address and potentially change the current norms.
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