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A History of Public Law in Germany 1914–1945$
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Michael Stolleis

Print publication date: 2004

Print ISBN-13: 9780199269365

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199269365.001.0001

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State Law and Administrative Law after the Nazi Seizure of Power

State Law and Administrative Law after the Nazi Seizure of Power

(p.249) 7 State Law and Administrative Law after the Nazi Seizure of Power
A History of Public Law in Germany 1914–1945

Michael Stolleis

Oxford University Press

The swift measures that followed the torchlight procession in Berlin on 30 January 1933, made it very clear that a continuation of politics under the Weimar Constitution was out of the question. With the suspension of the most important basic rights by the Decree of 28 February 1933, and the Enabling Act of 24 March 1933, the hated ‘interim constitution’, the ‘un-German interim Reich of anti-Bismarckian Marxism’, the ‘liberal Rechtsstaat’ was at an end. Still, many jurists entertained the illusion that the new regime, once the initial revolutionary phase was over, would establish itself as a ‘national Rechtsstaat’. The signing of the Reich Concordat in July 1933, the measures against unemployment, and the initial diplomatic successes of the regime did their part to feed the optimism that everything would return to the right track once the revolutionary ‘excesses’ had dissipated.

Keywords:   Weimar Constitution, Enabling Act, anti-Bismarckian Marxism, Rechtsstaat, Reich Concordat

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