The Holocaust Historiography Project

Partial translation of document 2378-PS

                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-
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.