tv The Day Deutsche Welle September 25, 2019 6:02am-6:31am CEST
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this is what it looks like when a constitutional crime is being committed today the u.k. supreme court said that prime minister boris johnson's advice to queen elizabeth last month to suspend parliament had been unlawful an attempt to prevent lawmakers from doing their job now the judges stopped short of accusing the prime minister of abusing his power last and today we ask will boris johnson be able to remain in power i bring in berlin this is the day. the decision to advance the majesty to. the effect on the fundamentals. was extreme this case is much much bigger than franks and it is about
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a prime minister abusing his power and actually giving the queen advice i mean it's a defeat for the government for its johnson i must say i strongly disagree with this judge in the u.k. we've got to be determined from day to york and delivering only will people come out of the e.u. only ok but the study. also coming up a terrorist recruiting refugees there are reports tonight on how militant groups are looking to boost their numbers by targeting the refugee camps in bangladesh. some people came to our village and asked whether we want to govern ourselves they told us you don't have any rights in your own country we're here to help you take control of your nand if you agree come and join us. live to our viewers on p.b.s. in the united states and all around the world welcome we begin. the day with
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a love in used cave judges recalibrating the balance of power in a landmark and surprising ruling today the u.k.'s highest court said 'd the prime minister boris johnson acted illegally when he advised the queen to suspend parliament last month on johnson's right to probe parliament well that wasn't in question but the court took issue with prorogue parliament for 5 weeks no good reason for that the court concluded and the court did not mention breaks it today but it seemed to agree with those who have accused the prime minister of suspending parliament to get ag any and all criticisms of the government's plans on leaving the european union at the end of october of this was a stunning blow for boris johnson nonetheless the opposition tonight is calling for him to resign in their unanimous decision today the judges upheld parliament sovereignty and they checked the power of the executive in a country with no written constitution is the supreme court establishing itself as
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the guarantor of the ukase democratic balance of power we're going to discuss that later in the show but 1st this report on the ruling handed down today in what. judges filed into the courtroom to deliver their highly anticipated ruling their verdict unanimous a stunning rebuke to the prime minister who is bound to conclude that. the decision to advise them not just to purab ponte was. because it how do you think that a frustrating preventing infelicity of parliament to carry out its constitutional functions without reasonable justification the effect on the fundamentals of prosy was extreme. no justification for taking action with such an extreme if it has been the fool the coup that sort said the government suspension order was no one
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void and said parliament should resume business immediately. common speaker john bacco confirmed m.p.'s would sit again starting wednesday. news of the ruling reached prime minister boris johnson in new york where he's been attending the u.n. climate summit obesity this is a good but it that we will respect with respect the judicial process i have to say i strongly disagree with what the justices and i don't think. it's right but we will go ahead and pull back. while the ruling doesn't affect brags that directly it does mean parliament won't have to wait until mid october to have its say in the process the decision like drugs that has divided the public but these protesters welcome to the judge's decision. i take great day for democracy a great victory for british democracy it's good to see the courts reaffirming the
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rights to flee electorate sisters and eyes through its elected representatives what the government's doing on threats of opposition labor lawmakers whose own divisions over bragg's that have been on display at their annual party conference have been stepping up calls for johnson to resign. the prime minister's next move may be anyone's guess but he'll return to london to face growing pressure over his brags that strategy and his leadership. spain's supreme court also delivered a decision today that will undoubtedly impact the country's future one that addresses the remnants of spain's dark past and the shadows that they continue to cast into the present today the court approved the socialist government's plans to remove the remains of former dictator francisco franco from a large muzzle e.-m. . they're madrid and have them re buried in a family plot. grave site will then be rededicated to the victims of the
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spanish civil war. a fascist salute to the dictator they says franco's tomb more than 40 years after his death people still come here to show their respect. franco's remains rest in this basilica carved into a mountainside outside madrid more than 20000 political prisoners were forced to carry out the construction work. franco all of the monument as a tribute to those killed in the spanish civil war and the remains of more than $30000.00 fighters from both sides are buried here most though without the knowledge of their relatives. franco ruled spain with the 9 faced for nearly 40 years tens of thousands of his enemies were killed or imprisoned during his rule as many as half a 1000000 people died in the preceding civil war. but the franco regime still to fight spaniards on studies showed that at least 2 thirds of people believe. did
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good things as well as bad for the country. now prime minister pedro sanchez wants to turn this monument into a place of reconciliation and memory as has been done with some nazi concentration camps so it's no longer a place of apology for the franco regime they often idealized by now how do you find out if you are. to remember the past my 1st guest tonight is. professor and chair of hispanic studies at oberlin college in the u.s. state of ohio he is also the author of memory battles of the spanish civil war a book which examines how spain has or indeed has not confronted the legacy of its civil war from 196-1939. sebastian is with me tonight welcome to the show i want to pick up sebastian if we can on the piece that we just saw they are you know here in berlin we are confronted constantly with history and representation of
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the past and germany is considered a role model around the world in coming to terms with its past its dark past in particular we can't say the same about spain why is there well there's a couple of big differences between spain and germany. apart from the fact that the franco regime last quite a bit longer than the nazi regime but unlike the nazi regime the franco regime was not defeated in a war and it ended when franco died a natural death and the transition to democracy that followed was partly engineered by the frank regime itself and some of its key elements such as the monarchy were quite in place by franco and self the 2nd important difference is that when franco died there was a widespread consensus in spain that it would be better to look towards the future and not revisit the past so people agreed left and right that it was no time to accuse people or to try people or to exit franco from
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the muslim where he was buried soon after he died. the the holocaust is the considered the marker of germany's 20th century history franco's dictatorship in the civil war are you may disagree or agree or considered spain's main 20th century markers but there are as you say obvious differences that the holocaust it hasn't been politicized here in germany the way franco's legacy has been politicized in spain why is that. that's a really good question i think. because of the way that the 20th century developed the franco regime quickly became an ally of the west in the cold war it was supported from the early fifty's on by the united states and so the fact that franco came to power with the help of had learned was to leave me there in a civil war and remained really and kind of
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a silent ally of hitler at least halfway through want her to was kind of buried on the red carpet and later history was rewritten to make franco yes a dictator about one who one who was friendly to the west from a strong anti-communist and therefore that link between franco ism and the holocaust was kind of severed in the narrative and what the memory move in its fans being trying to do and that memory movement should be and part credited with with convincing the government to take this measure which is not resulting in next mission of franco but the memory moving to try to do is to reestablish that connection between the frank regime and the nazi regime or francos complicity really in the holocaust because among other things that people that many people in spain don't know is that among the inmates in nazi concentration camps and extermination camps who are also spanish republican exiles who had to leave spain after the civil war in fact the camp at mauthausen in austria was built by and for initially the spanish republican prisoners and i was struck today by by this one
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statistic that my producer sal and cambodia is the only country in the world that has more disappeared persons then spain i mean that's a standing and when you consider that and then you look at today's court ruling the decision to examine to relocate franco's remains do you think that this is all going to help spain face its past or are we talking about things that are going to reopen wounds from the past. well that that that trope of reopening old wounds has long been kind of the argument of the right against revision to pass right they said things have healed we shouldn't reopen old wounds don't get infected we shouldn't do that but the memory moved this said it's not about old opening old wounds it's about letting things actually heal i do think the decision today will help spain in that process but they have to add that there is a long laundry list of unfinished business that still has to be addressed the mass
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graves that you alluded to it's really unknown how many bodies are still strewn across spain but there's thousands tens of thousands of them for sure that have been left there since the civil war and the spanish state has not assumed its responsibility in locating and examining those graves in it it's really it really has to be this the decision that was ratified today by the supreme court is a good decision but there's a much more to be done sebastian vollmer author and professor of hispanic studies at oberlin college in the u.s. state of ohio as fast we appreciate your time tonight and your valuable insights thank you. my pleasure. criminal gangs and militants are increasing their grip on rick hinge a refugee camps in bangladesh and they include members of a group known as the our congressmen just salvation army or are so me and maher
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blames arson for attacking police back in 2017 which sparked a government crackdown on the recruiting minority now that crackdown resulted in 750000 road hinges fleeing across the border to bangladesh they now live in camps that are becoming a breeding ground some say for radicalization and that's despite what bangladesh his government told our reporters. on the night time in bangladesh strange accounts young men patrol the streets on the lookout for criminal gangs we've heard tales of murder that duction underrate. defying the curfew on a way to meet a woman whose husband was shot dead by. when you are not my of the 1st my husband used to fight for their own hinges he had no open ear for everyone's problems and wanted to stop the lawlessness in the camps
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that's why some people felt insulted. my uncle pulled out. to protect the woman's identity we cannot say who he was but one thing is clear he angered a powerful group operating in the camps well you might imagine a my husband was shot after evening prayers those who killed him are members of the our country hinges salvation army. the before we can ask any further questions about the militant group affix a tells us it's time to leave. iraq guides us along the back alley ways to make sure we aren't being followed. once we reach our car he disappears. we want to meet a member of the militants but our guides was so afraid of it took weeks for contact
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arrange an opportunity in a secluded spot outside of the camps we can't verify if the man really is who he claims to be but his story checks out with other accounts he doesn't want to see face filmed he's too scared his commander might find out he gave us an interview. some people came to our village and asked whether we want to govern ourselves they told us you don't have any rights in your own country we're here to help you take control of your land if you agree come and join us that's how they convinced us they also gave us arms training after that so i joined the group. that was in 2017 shortly after he joined the conflict between arse and the me and my army escalated forcing hundreds of. thousands of rahane to flee to bangladesh among them oscar insurgents like this man today they're trying to impose strict rules in the camp to live that is incredibly. franz informants from myanmar in the camps they
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are killed. women also threatened. if we see a woman dressed incorrectly and if we see her we can hit her. in the capital dhaka we confront the foreign minister with the stories we've heard it was like it was a little bit like those in bangladesh. if there is any became. up and we'll send that individual to my. mood today from the militant tells us that after some 3500 fighters live in the camps a figure we can't verify we want to know why he agreed to talk to us. if we cause trouble and kill people here the government of bangladesh will also start
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killing us that's why i disagree with us as actions here but i want to fight in myanmar for a long. faced with the might of the me and my army across the river this isn't a fight they are likely to win the stage is set for a refugee crisis that isn't going away soon. to confirm that we are a nation governed by the rule of law. everyone even the prime minister if not. do not let the government play down the seriousness of the judgement today by unanimous judgement. on it politically. well that was gina miller the u.k. businesswoman announce boken breaks that opponent who helped launch the opposition to suspending parliament the case of course that was decided today by the u.k.
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supreme court it was quite a day for the court and discuss that i'm joined tonight by doctors who will grow in the u.k. lecture of u.k. of all specialist dr grossman it's good to have you back on the show you have been a busy woman today and you like many of us you've called this decision unprecedented team times today and before before alleged talk about that let's get the essentials the news essential is out of the way besides having the highest court in the land imply that he pulled one over the queen has anything changed for prime minister boris johnson has anything changed about rex. how almost everything has changed right now you're absolutely right we've had this priem court of the united kingdom and one of the most powerful judgments i think i've ever read in my life 11 supreme court justices this means a full court and every single court by every single judge agreed in this judgment
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which said there are limits to your power what you did small what the prime minister did in giving advice to the queens of provo parliament 5 weeks of the 8 weeks up and so they expect a date of brant said on the 31st of october it was unlawful that the advice was unlawful i know you've mentioned and i've certainly said the word unprecedented and unprecedented number of times today but what was astonishing for us legal academics that were watching this judgement and watching it very closely from day one is the final judgment was not only have great statements of constitutional principles here in the u.k. and also the importance of courts in supervising the power of governments but very importantly when that advice was found on lawful the court took an astonishing and unprecedented step to quash to to have a mandatory order to say in courts in front of the u.k.
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in front of the world's probation never happened on the 9th of september last monday when we thought parliament was probed in the law that never happens that parliament is not produce so if it breaks it for the u.k. this means that the speaker of the house the speaker of the house of commons has colback parliaments bringing back m.p.'s to start legislating and debating and scrutinizing government again this could change a lot of things but in the immediate sense it's changing everything where you say it's changing everything because it looks like the supreme court to be basically really rude. the history that that we've all experienced together by saying that this is mentioned of parliament did not happen let me tell you what it looks like from outside the country it looks like we have a country that has no written constitution that has one of its biggest crises right now each brags that it has a divided parliament on the verge of paralysis and it has
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a prime minister apparently almost out of control when along comes a new supreme court today calling out the prime minister reasserting parliament sovereignty and recalibrating the balance of power in the u.k. would you agree with me i mean this is revolutionary one interesting aspect i always catch on that went on on revolutionary one fascinating aspect of the judgment reading it is how much they call back to history and to legal history even in the very 1st statements that question of just disability you know just to see ability means is this such a massive from politics that low shouldn't be involved is this such a political minefield in the words of the government lawyers that the judges of the supreme court should not step foot in it now when they were considering that question and the ultimate judgments they quote that the 16 hundreds and even the own that they said the judgments of the court are always over this power in fact we
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look to kingly power and we supervise that that this is a long history and that what we emphasize things these constitutional principles these foundational principles against which we are judging the constitutional effect of suspending parliament for 5 weeks we're not creating anything new we're restating what so we spend their parliament she sufferance e and the accountability of the government to parliament. lord sumption a former supreme court judge wrote today that boris johnson is guilty of what he calls constitutional vandalism and he said that it's regrettable that it had to come to this what do you think he means with regrettable is it regrettable that johnson apparently misled the queen and then illegally suspended parliament or is it regrettable that the supreme court had to rule on this matter so i don't want to read into the words of florence option who's
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a fantastic jurist but this is certainly a discussion in the broader sense that is ongoing here in the u.k. the question of bringing the courts and also bringing the queen because the advice was to the queen the queen to exercise her royal power but bringing these 2 constitutional organs that traditionally have nothing to do with politics the queen does not pronounce political opinions and the courts are very deferential of anything to us political matters now suddenly where we have little sizing these organs of our state organs which shouldn't have anything to do with politics that's a sign of deeper troubles deeper trouble voices and the constitution of the u.k. . let me ask you this dr rogan if you're looking at this case we've got the prime minister who has been accused of doing something that's unlawful so that's illegal and he gets the queen's blessing for that now if the queen now play along with me
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here if the queen were just a commoner like you or me couldn't she be charged with being an accomplice to accra . this is very very important to go to stations which i think i'm going to be teaching my students very soon which is the difference between unlawful and illegal illegal you've broken the law that there's a criminal law that says you can't do this or you must do that and you didn't do it that's illegal you have acted against the law but in this case we all must in this case the judges said it was on the full but that isn't a criminal offense course johnson isn't guilty of a crime he's not guilty of breaking the law because in this instance he hasn't ok so there has to be a there has to be i guess it has to be codify then for you to be doing something that is illegal i want to ask you this and we've got 30 seconds the court said nothing today about how long this is spent in the parliament was or should be do
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you think a future prime minister will even attempt to prorogue parliament after what happened with all of this suddenly purgation as an ordinary power we'll see it by boris johnson again just within legal limits and always reasonable justification all right you heard it here 1st that he may try it again all right dr joe well joining us tonight with excellent insights into what happens today at the u.k. supreme court dr greg thanks very much thank you good night good night. all right the day is almost done the conversation continues online you'll find us on twitter either at u.w. news or you can follow me at brant goth t.v. don't forget to use the hash tag the day and remember whatever happens between now and then tomorrow is another day we'll see you then everybody.
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