Protektorát Čechy a Morava: právo nástroj nacistické expanze Page 12 · 12 of 289
Protectorate of Bohemia and Moravia: right tool of Nazi expansion
English Translation
12 Critika was also heard by Vojtěch Šustek at the beginning of his above-mentioned edition of documents to the address Čestmir Amort, the author and abroad of the widely quoted publication "Heydrichias" from 1964, respectively Amortus' conclusion that before the assassination it was already decided on Heydlich's work in Paris, because, as Šusek claims, "not yet published, nor otherwise cited in the literature, a single document, which could support, at least indirectly, the credibility of Amort's 'discovery' on the planned mandate of Heydrich to 'the function of the occupying administration' in France'. (12) The instrumentalisation of the law for the needs of the Nazis continues to provoke debates among legal theorists on the nature of such an infringement which, after World War II, led to the formulation of the concept of natural law priority, which is to be an expression of fundamental and general recognised principles of morality (righteousness), before a positive law, guaranteed regulations and power (legal certainty). In the event that the conflict between the positive law and justice reaches an unbearable degree, the law, as an unrichtiges Recht, must give way to justice. Such a faulty regulation is invalid ex tunc and has not become valid even by applying and respecting a certain time, therefore it cannot be corrected by derogation and its replacement by a new law. Therefore, the Constitutional Decree of the President of the Republic of 3 August 1944 on the restoration of the rule of law from the time of non-freedom - without marking it as an attribute of the law - does not disturb, but merely states that they are not part of the Czechoslovak rule. (13) V I. I place the creation of the Protectorate of Bohemia and Moravia into specific historical conditions, given, on the one hand, by the international circumstances of its creation and the material needs of the empire on the eve of the warfire, and by the longer-term plans of the Nazis to dominate this space and its germanization, and on the other hand, I am discussing these intentions into lawmaking and its content. If we have the right to define it as one of the instruments of Nazi expansion, it cannot be abstracted from the process of its creation, from who and how normalizing will was formed and how these parameters changed in time. Chapter II is therefore in the first part dedicated to the functioning of the Protectorate from military administration through Heydrich's reform to the demise of so-called. two-track public administration with an accent on standardisation processes and "legal dualism." In the second part of the chapter in which