Wednesday 30 July 2008

German court declares smoking ban 'unconstitutional'

I can't be bothered translating this article, but the bare bones are that the German Constitutional Court has lifted the smoking ban for smaller pubs and clubs.

Yup, that's the same Court which has put ratification of The Lisbon Treaty on ice.

9 comments:

Gregg said...

Says something when the Germnan state is more liberal than the UK.

When I studied politics/government the German state was always the example used when intrusiveness and overbearing bureaucracy (nanjny state) were being looked at. My how we laughed, not now though!

Gregg said...

Forgive the typos above, I've not actually had a drink.

Anonymous said...

Why only the smaller ones?

Mark Wadsworth said...

The case was brought by small landlords in two particular states, so that is what they were looking at in particular.

The logic was, in B and B-W, large pubs were allowed to have smoking areas. It would be impractical for a small pub to have a separate smoking area, so de facto a) small landlords were at a disadvantage to large ones, and b) the law impinged on people's basic right to earn a living as they see fit.

Obnoxio The Clown said...

Bloody hell, better roads, less nannying and the Nordschleife.

I make that Pimm's o'Clock! :o)

Anonymous said...

If things had turned out differently 63 years ago perhaps we might today have a government more in favour of personal freedom.

Anonymous said...

I seem to remember that when the late - but unlamented (by me anyway) - Robin Cook entertained the Chinese President in London (1998?), as part of his "ethical" foreign policy, Cook got the Met to step on/hide the Tibet-fuelled anti-Chinese demos. When the Chinese Pres went to Germany the demonstrators were allowed to . . er . . demonstrate. As Gregg Beaman says - how we (used to) laugh.

Anonymous said...

Agreed, John East. Seems we went to war to win them their freedom, not keep our own.

Mark Wadsworth said...

PT, exactly.

The German Constitution is a short simple document that was cobbled together from US, UK and French constitutions in the space of a few weeks by the few qualified people that were not tainted by Nazi-ism under strict Allied supervision. NB, the few articles on the role of the President are based on what the Queen does, the Federal idea is based on US federalism and so on.