Abstract

Since early 1972, nearly one million West Germans have been investigated and placed under surveillance by the state in accordance with a “Decree Against Radicals” (Radikalenerlass). Labelled more correctly by its opponents as Berufsverbot (professional proscription), this decree was upheld by the Supreme Court in 1975 even though it undermines the Constitution's guarantees of civil rights. In essence this decree places the state above the Constitution and empowers the state to rationalize the Constitution for its own ends. Thus, civil servants are obliged to suspend critical judgment and dutifully serve the state which may arbitrarily use the Constitution to secure its own control and vouchsafe the interests of its major constituency and supporters.