History and Development of German Assembly Law

In Germany, it is difficult to uniformly determine the scope of assembly regulations because they extend not only to assembly laws, incidental laws, and subordinate laws, but also to general administrative laws such as the police law, criminal laws such as the criminal law, and even regulations on violations of order. If possible, it will be necessary to accurately understand the German system, but it is necessary to properly limit the scope of the study due to the limitations of ability and time. This study aims to contribute to the interpretation and operation of our assembly law and the improvement of the assembly culture by reviewing various systems established in the German assembly law, which is the birthplace of our legislation, and deriving implications that can contribute to the improvement of our assembly law and assembly culture. However, as the contents are dealt with in a limited time, it is regrettable that all the issues of German assembly law cannot be studied with the same weight, and some are merely introduced. Nevertheless, if this study can be used as basic data for further research on German assembly law in the future, it will have great significance in itself. First, the history and development of German assembly law will be examined, and the discussion will be conducted in the order of implications and keywords of German assembly law. Through this study, we examined the limitations of the guarantee of freedom of assembly and its restrictions, focusing on Article 8 of the German Framework Act on Assembly Freedom and Assembly Act. I also had the opportunity to point out the problems of our current assembly law through comparative legal considerations. It is also true that it is impossible to simply compare the legal reality of Germany and Korea in that the law can be specified in the country's own culture and society. If it is true that our current assembly law was created in 1962 with the mind of the military government, and if our society remained in the mind of that military government even 60 years later, the comparison between the German assembly law and our current assembly law itself would be meaningless. However, although our society may be different from Germany, we are convinced that the constitution is a living and breathing democracy, and we are eager to see spring in our assembly law.

Publication Details

Journal
The Legal Studies Institute of Chosun University
Published
2024-08-31
DOI
https://doi.org/10.18189/isicu.2024.31.2.43
Primary Topic
European and International Law Studies
Type
article
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article

History and Development of German Assembly Law

The Legal Studies Institute of Chosun University
European and International Law Studies
article

History and Development of German Assembly Law

article en

Abstract

In Germany, it is difficult to uniformly determine the scope of assembly regulations because they extend not only to assembly laws, incidental laws, and subordinate laws, but also to general administrative laws such as the police law, criminal laws such as the criminal law, and even regulations on violations of order. If possible, it will be necessary to accurately understand the German system, but it is necessary to properly limit the scope of the study due to the limitations of ability and time. This study aims to contribute to the interpretation and operation of our assembly law and the improvement of the assembly culture by reviewing various systems established in the German assembly law, which is the birthplace of our legislation, and deriving implications that can contribute to the improvement of our assembly law and assembly culture. However, as the contents are dealt with in a limited time, it is regrettable that all the issues of German assembly law cannot be studied with the same weight, and some are merely introduced. Nevertheless, if this study can be used as basic data for further research on German assembly law in the future, it will have great significance in itself. First, the history and development of German assembly law will be examined, and the discussion will be conducted in the order of implications and keywords of German assembly law. Through this study, we examined the limitations of the guarantee of freedom of assembly and its restrictions, focusing on Article 8 of the German Framework Act on Assembly Freedom and Assembly Act. I also had the opportunity to point out the problems of our current assembly law through comparative legal considerations. It is also true that it is impossible to simply compare the legal reality of Germany and Korea in that the law can be specified in the country's own culture and society. If it is true that our current assembly law was created in 1962 with the mind of the military government, and if our society remained in the mind of that military government even 60 years later, the comparison between the German assembly law and our current assembly law itself would be meaningless. However, although our society may be different from Germany, we are convinced that the constitution is a living and breathing democracy, and we are eager to see spring in our assembly law.

The Legal Studies Institute of Chosun UniversityVol. 31(2)
Openalex Percentile: Top 74%
European and International Law Studies
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History and Development of German Assembly Law · The Legal Studies Institute of Chosun University (2024) | TGRS Research Map | TGRS