English Translation

In particular, the increased responsibility of the higher authorities also means that the higher authority itself has an increased interest in the elimination of such errors. The practical aspects which led to the call for independent neutral judges are therefore no longer pervasive. IV. If, therefore, the liberal foundations of administrative justice have disappeared, the question remains whether this form of control may fit into the new order with a new meaning, or whether it is so much contrary to the principles of this rule that it has become poorly intolerable and is no longer admissible where it has not been abolished by formal law. The second alternative applies to the control of state police measures. 1. The task of the secret state police to investigate and combat all state-hazardous endeavours requires an extremely mobile tactic. The law of action is essentially dictated by the state enemy. From the examination of its personal composition and its activity, its respective goals and methods and from the respective overall situation of the internal security of the empire, the countermeasures to be taken arise. In other cases, if a case is required to be grasped at lightning speed, the wisdom of waiting to leave the enemy of the state undisturbed at first, for example, to unresolved his connections and at a later stage by rolling up the whole organization a 1) Cf. in detail B e s t , reordering of police law, yearbook of the Academy of German Law,1938,p.44 ff. Höhn,Das subjective public law etc. a.o. 70406