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Keine Auskunft über bewaffneten Innensenator? Fragwürdige Entscheidung des Hamburgischen Verfassungsgerichts vom 4. Mai 2003, HVerfG 9/02
Zeitschrift für Parlamentsfragen
Vol. 35, No. 2 (Juni 2004), pp. 305-310
Published by: Nomos Verlagsgesellschaft mbH
Stable URL: http://www.jstor.org/stable/24236042
Page Count: 6
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When rumours spread that Hamburg's Senator of the Interior was carrying a handgun, a member of the state legislature tabled a question to the government, asking whether this was true and if so, whether it was legal. The government refused to answer. Although the State Constitution compels the government to reply to parliamentary questions, the Constitutional Court ruled that the refusal was in line with the constitution because the disclosure of security details would endanger the Minister's safety. This decision is questionable because it neglects the parliamentary function of exercising control of the government. The answer could have been given, for example, in a confidential committee meeting. In this case the security interests of the government and the need for parliamentary control would both have been respected. Indeed, questions about the legality of Ministers wearing weapons could even have been answered in public. A general reply would not have had to disclose whether the Senator actually wore a weapon nor any information about other security details.
Zeitschrift für Parlamentsfragen © 2004 Nomos Verlagsgesellschaft mbH