English Translation

17 even more clearly expressed in Lorenz von Stein's formulation, in which it states: "The aggregates of principles, rules and rules, which constitute an element of police function in relation to personal freedom at all ..... 1) With the recognition of the principle of the lawfulness of the administration, this limiting function of police law was realized insofar as every police measure was now bound by the law when it was established. The ideal of the bourgeois rule of law demanded yet another: it should also be measured by the law after its enactment. For, it was feared, "Since the administrative officer in all situations has to represent the public interest against the subject, the danger is obvious that the laws should be interpreted on one side to the benefit of the state."2) In the appeal proceedings there was no adequate prevention against this danger; "the administrative authorities themselves are always the ones who judge the complaint." 3) The appeal proceedings also did not justice to the position of the individual. If the dispute arose with the authority that the contested measure was contrary to the law, the individual thus defended his sphere of law secured by the law. The subject of the proceedings was therefore a dispute between the state and the individual, in which mutual rights and obligations had to be decided. A real dispute, however, requires equal partners and a neutral third party as judge. However, in the appeal proceedings, the individual concerned had to face the state as a subject, and the state appeared as a judge. in its own matter. Lorenz von Stein has the 1) Lorenz vonstein, Die Verwaltungslehre,IV,1867,S.7. 2) Fleiner, institutions of the German administrative right 2.Aufl. Tübingen, p.215. 3) Feiner, a.a.0.s.41.