English Translation

13 17 ALR. was no longer able to do justice. Here a clear decision had to be made whether the principle of solving individual questions was embodied in the new or in the traditional. The question of whether state police measures are subject to administrative review, if this is not expressly excluded by law, is also concerned with this decision. A legal application, which is rigidly bound up in the formal conception of the constitution, will tend to close itself to the law of becoming a new order and to maintain the old principles even if they have been broken by so much, and so serious, "exceptions" that in reality they themselves are the exception. It will thus always become an obstacle to the development of the future. However, a real application of the law will endeavour to evaluate the individual measures as a whole and be aware that the "entry into force" of new legislation is not necessarily tied to the final formulation of its principles. In the past years, such forward-looking jurisprudence has succeeded in finding the right decision in numerous, often difficult, cases in which old laws form the way to a solution in the sense of the new order. Only a few administrative decisions of this kind are mentioned here. As early as 1935, the sentence that all individual building regulations find their limits in the supreme unscathed principle of building law, that no building should harm the community of the people. Most of the German administrative courts declared the maintenance of the 1) Decree 18.1.1935,Sächs.Jahrb.,Bd.39,S.1 ff. hereof K r e g e r , Die neue Rechtspreching des Saxonische Oberverwaltungsgerichts, Verw.Arch.,41.Bd,Berlin 1936,p.177 et seq.