 Section 3 of article 79 GG expressly prohibits only amendments of articles 1 to 20, which suggests that article 102 can in principle legally be amended or repealed under article 79.However some legal scholars have argued that the prohibition of capital punishment follows necessarily from article 2 GG, and article 102 GG merely puts the prohibition beyond doubt.It has also been argued that Article 102, according to its systematical place, does not guarantee a basic right but enacts a judicial restriction.