Ansehen und Absetzen

Independent judges are part of the constitutional state. Where individuals have little influence, judges represent a system that can lose a great deal of trust. According to Section 31 of the German Judges Act (DRiG), a judge may be removed from office if their reputation has been so damaged that their continued service would seriously impair the administration of justice. On the one hand, the norm thus measures the admissibility of removals from office based on subjective impressions. On the other hand, it is clear that the rule of law depends on the reputation of its representatives. In this respect, the work raises the question of whether the acceptance of state decisions is not only politically but also legally relevant: Are considerations of acceptance even imperative for the state to remain militant and functional?