English Translation

10a 1 previous principle of freedom of trade, despite the formal extension of §§ 1.143 RGewO. as non-conformable with the new order, whereby it was expressly pointed out that the new economic legislation could not be regarded as an exceptional right to such a principle, so that in it the new one could be regarded. The Court of First Instance held that the Court of Justice's interpretation of the State's obligation to engage in commercial activities of the individual was incorrect. the right of the secret state police as exceptions to a fundamentally different police right, but saw in them correctly the expression of a new view of the nature and right of police, according to which the law 2) had to be applied. It was also recognised from the outset that the administrative dispute proceedings against state police orders should be regarded as inadmissible without this being expressly stated by law, 3) and accordingly decided that such a forward-looking case law could result in general legal uncertainty proved to be unfounded. It only led to an unbearable legal uncertainty when administrative courts took decisions which imposed substantively overhauled provisions on the order given to the police to secure the internal security of the empire. In this case, it was not a good idea that the administrative court and the police were working according to different principles of law and that their decisions were mutually exclusive or injurious. Sächs.OVG.,Sächts.Jahrb.,Bd.4O,p.179;Thür.OVg., Rverwbl.,1936,p.316;Württ.VGH,Rverwb.1936;S.972;Bad.Vgh.,Reverwbl,1937,p.1048.see hereforK r e r, Recht und Gesetz, D.V., 1937,p.203 et seq.; B e s t, Becoming police law, a.a.0. 2) Hamb.OV G.,JW.1937;p.3335 f. see herefor above Hö h n, Alte und neue Polizeirechtsabfasung in der Praxis,DV.1938,p.30 et seq;B e st , Winning Police Law,a.o. J u st , Der Aufläsung des alten Polizeibegriffs, Jugend und Recht,1938, p.201 et seq. 3) Hamb.OVG.v.7.10.1935,JW.1936,543-Rverwbl.1935,p.1045- DJ. 1936,p.187.1870 B709 4) S t Becoming police law, loc. cit.