English Translation

140 pp. - 28 - as a radical new principle as the exclusion of the administrative dispute proceedings against political dispositions, can only be explained by the fact that the forced necessity existed to break with the outdated legal status 1). If similar provisions are missing in other parts of the empire, no argument can be derived for the continuation of the administrative control of state police measures. Where the obsolete procedures already resulted in the inadmissibility of this control, the provisions in the few other countries did not have any fundamental significance. The fight against the enemies of the state here is the same as where the legislator has entered into office. The internal political situation here did not differ in any way from the internal political position in the other countries. So there was no reason for the other states to create an exception for different political reasons. The fact that no legislative solution was found in some countries is only due to the fact that neither the "conflict case", which can become the concrete reason for such a solution, has been revealed openly due to particularly fortunate circumstances, nor did the regional administrative courts render the word of the legislator superfluous by declaring the administrative dispute proceedings inadmissible on their own initiative in the context of legal case law. As the Hamburg Supreme Administrative Court declared already in 1935, according to the national socialist state view, it "appears to be unding that the courts only somehow go to the territory of the state police and possibly cross and lift official measures of a state police nature in individual cases. The courts are not called upon to do so today, since the administrative act of the State last decree of its justification and justification in the life 1) Cf. R u m p e , Gdańsk Police Department, Gdansk. 1938. 2) Cf.1- 70402