DOCUMENTS OF GERMAN POLITICS [Dokumente der Deutschen Politik]
edited by
Regierungsrat Paul Meier-Benneckenstein President of the University for Political Sciences
Published 1938 Junker & Dunnhaupt, Berlin
[Page 207, line 9-17] excerpt
Since 30 January 1934 there has been but one executive power in Germany, namely that of the Reich, regardless of the fact that the Reich has left the execution of the sovereign rights to the Provincial Administrations [Landesbehoerden], as stipulated in the first provision for the execution of the law on the reconstruction [Neuaufbaugesetz] from 2 February 1934; for thru it the provincial administrations were granted the authority for the execution of the sovereign rights merely in the name and as dep-
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2378—PS
uties of the Reich. Therefore, they do not possess an independent executive power but only one that is delegated by the Reich. The loss of the sovereign rights of the provinces [Laender] is in no way limited but complete.
[Page 337, line 1-22]
58. Principles of the Reich — Justice — Leader [Reichsrechts-fuehrer].
Dr. Frank, concerning the position Judges in the National Socialistic State and before the National Socialistic Law from 14 January 1936.
1. The judge is not placed as a sovereign representative of the State [Hoheitstraeger des Staates] above the citizen but is a member of the living community of the German people. It is not his duty to play a part in executing a law, impose on the community of the people or to bring to life conceptions of generally recognized values but to safeguard the very definite order of the national community [die Konkrete voelkisc'he Gemeinschaftsordnung], to eliminate dangerous elements, prosecute all acts which harm the community, and to straighten out any differences between the members of the community.
2. The National Socialist ideology is the foundation of all basic laws [Rechtsquellen] especially as explained in the Party-Program and in the speeches of our Fuehrer.
3. The judge has no veto right [Pruefungsrecht] concerning decisions made by the Fuehrer and issued in the form of a law or a decree. The judge is also bound by any other decisions of the Fuehrer, insofar as thru them the will to establish Justice is unequivocally expressed.
4. Legal decrees which were issued before the time of the National Socialist Revolution, are, not to be applied if their use would mean a slap in the face of today's healthy feeling on the part of the people [dem heutigen gesunden Volksempfinden]. For those cases in which the judge does the aforementioned refer to decree — basing his attitude on argumentation — a possibility to bring about the decision of the highest legal authority must be found.
5. In order to carry out his duties efficiently within the community of the people, the judge has to be independent. He is not bound by instructions. Independence and dignity of the judge make it necessary to secure adequate protection against any attempt to influence him or against any unjustified attacks.
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Extracts from a book of German political documents, on the centralization of power, and the duty of judges in the Nazi system
Authors
Paul Meier-Benneckenstein (president, University for Political Sciences (1938))
Paul Meier-Benneckenstein
German author
- Born: 1894-05-21 (Benneckenstein)
- Died: 1971-01-20
- Country of citizenship: Germany
- Occupation: author; writer
- Member of political party: Nazi Party (since: 1927-09-05)
- VIAF ID: https://viaf.org/viaf/64384063
- ISNI: https://isni.org/isni/0000000116593793
- WorldCat Identities ID: https://worldcat.org/identities/viaf-64384063
Hans Frank (Chief of Legal Office, NSDAP; Governor General of Poland)
Hans Frank
German lawyer, Nazi politician, General Governor of Nazi occupied Poland and convicted war criminal (1900-1946)
- Born: 1900-05-23 (Karlsruhe)
- Died: 1946-10-16 (Nuremberg Nuremberg Court Prison) (reason for deprecated rank: item/value with less precision and/or accuracy; reason for preferred rank: most precise value)
- Country of citizenship: Germany
- Occupation: lawyer; politician
- Member of political party: German Workers' Party (since: 1919-01-01); Nazi Party
- Member of: Sturmabteilung; Thule Society
- Participant in: Beer Hall Putsch
- Significant person: John C. Woods (role: executioner)
Documents of German Politics (Dokumente der Deutschen Politik, serial)
Date: 1938
Literal Title: From: Documents of German Politics
Defendant: Hans Frank
Total Pages: 3
Language of Text: English
Source of Text: Nazi conspiracy and aggression (Office of United States Chief of Counsel for Prosecution of Axis Criminality. Washington, D.C. : U.S. Government Printing Office, 1946.)
Evidence Code: PS-2378
Citation: IMT (page 255)
HLSL Item No.: 450238
Notes:Meier-Benneckenstein edited the volume of documents; Frank wrote the section on judges.