Article 19: [Restriction of basic rights - Legal remedies] 1. Insofar as, under this Basic Law, a basic right may be restricted by or pursuant to
a law, such law must apply generally and not merely to a single case. In addition,
the law must specify the basic right affected and the Article in which it appears.
2. In no case may the essence of a basic right be affected.
3. The basic rights shall also apply to domestic artificial persons to the extent that
the nature of such rights permits.
4. Should any person's rights be violated by public authority, he may have recourse
to the courts. If no other jurisdiction has been established, recourse shall be to
the ordinary courts. The second sentence of paragraph (2) of Article 10 shall not
be affected by this paragraph.
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Ultra-vires administrative actions
II. The Federation and the Länder Article 20: [Constitutional principles - Right of resistance] 1. The Federal Republic of Germany is a democratic and social federal state.
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Type of government envisioned
2. All state authority is derived from the people. It shall be exercised by the people
through elections and other votes and through specific legislative, executive and
judicial bodies.
3. The legislature shall be bound by the constitutional order, the executive and the
judiciary by law and justice.
4. All Germans shall have the right to resist any person seeking to abolish this
constitutional order, if no other remedy is available.
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Right to overthrow government
Article 20a: [Protection of the natural foundations of life and animals] •
Protection of environment
Mindful also of its responsibility toward future generations, the state shall protect
the natural foundations of life and animals by legislation and, in accordance with law
and justice, by executive and judicial action, all within the framework of the
constitutional order.
