IB Prized Writing Sevenoaks School IB Prized Writing 2014 | Page 190

Eliza Parr - History Abstract This essay aims to answer the question: “to what extent did the Nazi consolidation of power during 1933-1934 constitute a legal revolution?” In addressing this issue, the nature of a revolution is considered before the components of a legal revolution are identified as being to bring about by legal and democratic means fundamental changes to the values of a state similar to those that would have occurred through the use of illegal force. The legal and constitutional framework within which Hitler’s consolidation of power takes place is then considered, in order to form a benchmark against which the legality of his actions can be measured. The first half of the essay considers the apparently legal means by which Hitler’s consolidation of power could be characterised as constituting a legal revolution, in particular the adoption of the Enabling Act, the creation of the Gestapo and the People’s Court. The views of commentators supporting the suggestion that the consolidation of power was legal, including A.J.P. Taylor and the positivist legal theorist H.L.A. Hart, are evaluated. The constitutional validity of the Enabling Act is then considered, before analysing whether Hitler’s actions can reasonably be described as “legal” by reference to the key principles underlying the Weimar Constitution. Contemporary sources from the Nuremberg “Judges” Trial and the essays of a Jewish legal professor who fled from the Nazi regime are reviewed, although the rulings of the Nuremberg Trials are not examined extensively. It is concluded that whilst Hitler’s consolidation of power was revolutionary in its outcome as it overthrew the existing legal and political systems, the seemingly legal acts and decrees which he used so undermined the fundamental principles of the Weimar Constitution and any generally accepted notion of “legality” that it cannot reasonably be described as a legal revolution. 189