English Translation

Ma 18 Untenability of this state from the point of view of the bourgeois. rule of law from emphatically stated. He expressed the conviction of his time when he demonstrated that the demand for legal protection against administration by the independent judge appeared to be an indispensable requirement of the rule of law, and explained: "It does not yet constitute the nature of the State under law, that the law should be a constitutional one, and that the administration should be governed by constitutional administrative law, but that the concept of the state under law should include another, very specific element. This element is the legitimate individual, also recognized for the exercise of power within its sphere of law, and the rule of law with its specific terms begins where this individual personality, citizen, is made possible by the constitutional law of the state, every once acquired right which is legally granted to it in the name of the law 2) With the introduction of the administrative jurisdiction, which prevailed in Germany and Austria against the original idea of a control by the bourgeois courts, this demand was met and thus the liberal administrative law of his last perfection, the ideal of the 3) bourgeois constitutional state gave its final crown. The political aspirations to which the administrative jurisdiction should be justified today are without object. 1)Lorenz von Stein,Rechtsstaat und Verwaltungsrechtspflege, Grünhuts Zeitschrift, 8.Bd.Wien,1879,p.27 ff 2)Lornz von Stein. 3)See Fleiner, op. cit., p.230;Höhn, Das subjectivee öffentlichen Recht und der neue Staat, Deutsche Rechtswissenschaft, 1936, issue 1; Sarvey, Zur Herkunft der Verwaltungsgesetzbarkeit, Deutsches Recht, p.303,(1936);Muth, Liberalism and Administrative Jurisdiction,D.R.,1936,p.407;For Austria see Herrnritt,Osterreichisches Verwaltingsrecht, Tübingen, 1925,p. 131.;Schuster,On the grounds for the introduction of an administrative jurisdiction in Austria and the guarantees of its continuation in "60 years of administrative jurisdiction", Vienna 1936. 70407