Former constitutional judge on vulnerability of democracy

Former Constitutional Court judge Ferdinand Kirchhof examines differences in the stability of democratic systems between the US and Germany. An article outlines a hypothetical scenario where a government turns Germany into an autocracy, persecutes 'illegal' people, and subjugates courts and media. Kirchhof explains where a Donald Trump-like figure would encounter limits and where the liberal order remains vulnerable.

Ferdinand Kirchhof, former judge at the Federal Constitutional Court, sheds light in a recent article on potential weaknesses in German democracy compared to the United States. The piece poses the question: What if a government transformed Germany into an autocracy, hunted 'illegal' people, and subjugated courts and media? Kirchhof argues that a leader like Donald Trump would face significant institutional barriers in Germany, such as the strong independence of the Constitutional Court and the federal structure.

Nevertheless, he points out that the liberal order is not invulnerable. Kirchhof emphasizes areas where gaps might exist, without proposing specific measures. The article draws on Kirchhof's expertise as a long-serving constitutional judge and aims to discuss the resilience of democratic institutions. No specific current events in Germany or the US are linked to this scenario; it remains a comparative analysis.

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Illustration of Anne Applebaum on NPR discussing U.S. warning signs of authoritarian drift, with symbolic split imagery of democracy and emerging threats.
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Anne Applebaum tells NPR the U.S. is still a democracy but shows warning signs of authoritarian drift

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In an interview with NPR’s Scott Simon aired February 7, 2026, author and Atlantic staff writer Anne Applebaum said the United States is not currently an authoritarian state, but argued that the Trump-led MAGA movement is pursuing steps that could weaken the rule of law and push the country toward one-party rule. She compared the patterns she sees to democratic backsliding in countries including Hungary, Turkey and Venezuela.

French democracy appears ill-prepared for a potential far-right power grab, according to a new book critiquing the Conseil d’État and Conseil constitutionnel. Authors Stéphanie Hennette-Vauchez and Antoine Vauchez denounce these institutions' growing compliance with the executive. They warn of a troubling slide over the past twenty years, at the expense of public liberties.

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The European Court of Justice (ECJ) ruling against Poland's judiciary for breaching EU law principles carries a message for Germany's Federal Constitutional Court. Bielefeld legal expert Franz Mayer views it as a reminder that the ECJ has the final say and EU law takes precedence over national law. This touches on sensitive aspects of German jurisprudence.

US Health Secretary Robert F. Kennedy Jr. has sharply criticized the German government for allegedly disregarding patient autonomy by prosecuting doctors over covid exemptions. He sent a letter to Federal Health Minister Nina Warken demanding a policy change. Warken rejected the accusations as factually incorrect and emphasized Germany's protected therapeutic freedom for physicians.

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Hessen's Minister President Boris Rhein wants no more new pacts with the federal government. He criticizes that such agreements burden the states in the long term and calls for a federalism reform. Rhein also distances himself from Markus Söder's idea of merging federal states.

The co-chair of Germany's Greens party, Felix Banaszak, has compared the actions of the US Immigration and Customs Enforcement (ICE) to methods used by the Nazis. In a podcast, he sharply criticized President Donald Trump's deportation policies and warned of authoritarian tendencies. The comparison relates to deadly incidents in Minneapolis.

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Mwaka 2025 ulishuhudia mgogoro mkubwa wa kikatiba katika tasnia ya sheria nchini Kenya, ambapo Jaji Mkuu Martha Koome na majaji wengine wa Mahakama ya Juu wakikabiliwa na malalamishi ya utovu wa nidhamu kutoka kwa wakili Nelson Havi, Ahmednasir Abdullahi na Raphael Tuju. Malalamishi haya yamechochea mchakato wa uchunguzi na uwezekano wa kuwatimua afisini. Mgogoro huu unaangazia mvutano kati ya uhuru wa mahakama na uwajibikaji.

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