Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume IIIVarious
History
Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume III
Various
Nuremberg Trial of Major German War Criminals, Nuremberg, Germany, 1945-1946; War crime trials -- Germany -- Nuremberg
Both these cases do not apply. Parliaments, time and again, are given
the privilege or the right to come to resolutions or decisions which
have different content, for example, decisions on budget. These
decisions on budget are not acts of legislation in the sense of setting
standards. In German constitutional law it is definitely prohibited
to include into the budgets acts of legislation or standards in that
sense. The Parliament has a part in the forming of the cabinet. That is
one thing. The other--and this is what we need--is the following. It
may happen that the government is authorized to enact legislation by
virtue of the constitution itself, or by virtue of later laws passed by
the parliament. In German one calls these acts of rule making [Akte der
Normsetzung] of the government, that is of the executive--which have a
legal maxim as content--legal decrees [Rechtsverordnungen]. “Legal” on
account of their content, and “decrees” on account of the method.
This institution, which we find in every European state, was the
starting-point for the further development and the paving of the way of
the orders by Hitler, because in the Weimar constitution there is a law
for the government to decree laws, the utilization, or I should say the
exploitation of, which led to the fact that since the middle of 1930
the normal legislative body in Germany was really the government. That
is the famous provision of article 48, paragraph 2. As a rule, legal
decrees on the basis of this article are called dictatorial decrees,
but also apart from that during the Weimar era, much authority was
received for the government to issue decrees. In countless laws the
Reichstag empowered the government, in order to carry out a law, or
in some cases in order to amend a law or repeal a law, to issue legal
decrees.
However, not only in the Reich do we find this institution or this
instrument of legal decrees, but also in the German states, the German
Laender. In the constitution one always finds a [provision concerning
the] right to issue emergency decrees (Notverordnungsrecht) and the
legislatures of the various states frequently authorize the [state]
government to issue decrees in regard to substantive law.
A law of the Reichstag of 13 October 1923, which is called Enabling
Law, “Ermaechtigungsgesetz”, signed by Reich President Ebert, conferred
upon the Reich government the power, among other things, to issue
decrees in regard to substantive law, even deviating from the legal
principles of the constitution of the Reich. This law is particularly
important. It was published in the first years of the Weimar
constitution under Reich President Ebert, and it cleared the way for a
development which the founders of this law to this day probably regret
deeply.
May I refer the Tribunal to the following:
Public-domain text, read in full here on John Shaqi.
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