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
A. Article 48, paragraph 2. Concerning the so-called dictatorial
powers of the president--and with the permission of the Tribunal, I
shall formulate these sentences linguistically in a way which make
them easily translatable--“The Reich President may take those measures
which are necessary to reestablish public security and order if, in the
area of the German Reich, public security and order are considerably
disturbed or endangered. If required, he may also intervene with the
aid of the armed forces. For that purpose he is authorized temporarily
to invalidate in whole or in part the basic laws which are laid down
in the articles 114, 115, 117, 118, 123, 124, 153.”[149] May I add,
these seven basic laws are the so-called “liberal principles,” [basic
liberties], the same which we find, for instance, in the Constitution
of the United States, the Bill of Rights.
Q. Professor, we are now concerned with an attempt to explain the
Hitler decree to the Tribunal. After all we have heard from you now,
the development which has led to it that the government governed by
decrees rather than by legislation, that development started already
as early as 1923, and according to the information we have from you
was again stipulated in 1930 at the time of a different government.
I think it will be necessary to explain to the Tribunal that this
development led up to the Hitler decree; went through various stages of
development, and I may ask you still to describe this to us, because in
the course of this case it has become necessary that this development
be shown asclearly as possible.
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