Archive/File: imt/nca/nca-05/nca-05-2378-ps Last-Modified: 1997/08/02 Nazi Conspiracy & Aggression, Volume V Partial Translation of Document 2378-PS [Page 4] DOCUMENTS OF GERMAN POLITICS [Documente 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- [Page 5] 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 [Reichsrechtsfuehrer]. Dr. Frank, concerning the position Judges in the National Socialist 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 voelkische 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 [Reichsquellen] 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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