English Translation

In this context, the løberal and democratic demands of the time receive their impact in the principle that this right must be derived from the wishes of the individual. According to this, only the state statutes, which have been obtained indirectly or indirectly with the participation of these individual laws, appear to be the law. On this basis, the principle has been developed that laws can only be regulated by laws. As long as a law is not amended by another law, it must be applied in accordance with this principle without change, even if it contradicts the effectiveness and requirements of the present. When the Prussian Supreme Administrative Court declared in 1938 that, for the purposes of assessing the extent to which the existing police law can continue to apply, it "needs no discussion of whether and to what extent the provisions of the applicable police law meet the requirements of the present" because "the enforcement of a new view of the duties and rights of the police, as far as they are the framework of an interpretation of the law in force... 1), this meant a typical relapse into this view. Here, the notion that all law must be the product of an individual act of will is swept out in all its sharpness. In this argument, nothing would have changed with the National Socialist revolution in the nature of the law, only the person of the legislator would have become another. In this case, the disintegration of law and reality is emphasized in all seriousness. The police right would be 1) Dec. 16.12.1937, JW.1938, p.988 ff., 989. Cf. here- zu Höhn, Alte und neue Polizeirechtsauffassung in der Praxis, Deutsche Verwaltung, 1938, p. 330 ff., Best, Werdendes Polizeikrecht, Deutsches Recht, 1938; S.224 ff; Best, Reorder of Police Law, Yearbook of the Academy of German Law, 1938.