STATE SECRETARY FOR THE RUSSIAN PROTECTOR IN THINGS AND IN MORAVA, PRAGUE, inv. 2631, sig. 109-12/279 (damaged)

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English Translation

Ca "The action in administrative proceedings against a political order is excluded and only the complaint is admissible in cases of a purely political nature. Cases of a purely political nature are those relating to the law of association and assembly, the right to possession and management of arms, press law, protective detention and immigration police. The Senate can refer to other areas as being purely political in nature." Thus, the administrative dispute proceedings were excluded for the typical state police measures. Also the state political assessment of the political reliability of a person, e.g. in the case of the division or withdrawal of a permit, according to the Gdańsk police law regulation cannot be made the subject of an administrative dispute proceedings, because § 24 generally excludes all police decisions on the personal reliability, suitability or expertise of a person from the administrative investigation. In other parts of the Reich there were no corresponding legal regulations. II. It would be wrong to conclude from the fact that the laws introduced here were only passed for individual parts of Reich that wherever an extraordinary legislative reorder did not take place, the old legal status had been preserved. Such a view would not be fair to the National Socialist view of the law. It considers only that which is expressly declared by law as law, and thus corresponds to the most extreme liberal view which characterizes the age of the bourgeois constitutional state, although it could not even be carried out here purely. The world view on which this right-wing opinion is based is based on the "human in itself". The social-political foundation on which it builds is the juxtaposition of fundamentally unbinding individuals who face each other in the struggle for interests and who need the state order of coercion in order to avoid a social chaos.