IB Prized Writing Sevenoaks School IB Prized Writing 2014 | Page 192

Eliza Parr - History revolution, it is necessary to assess whether it brought about fundamental changes to the values of the state and the political and legal systems similar to those that would have occurred through the use of illegal force, but did so by legal and democratic means. Main Body Constitutional Framework In exploring whether Hitler's consolidation of power constituted a legal revolution, it is necessary to consider the existing legal framework within the context of the Weimar Constitution. The Constitution provided for democratic government, the independence of the judiciary, the rule of law and the protection of fundamental individual rights. Under Article 68, laws were proposed by members of the Reich government and passed by the Reichstag, 8 and Article 76 provided that the Constitution could only be amended by a two-thirds majority of the Reichstag and Reichstrat. 9 Article 102 specified that  “Judges  are  independent  and  subject  only  to  the   law” 10 and  Article  105  stated  that  “extraordinary  courts  are  inadmissible.” 11 As regards  the  protection  of  individual  rights,  Article  109  provided  that  “all  Germans are equal  in  front  of  the  law” 12 and Article  114  provided  that  “the  rights  of the individual are inviolable.” 13 In relation to religious freedom, Article 135 provided that  “all  Reich   inhabitants enjoy full freedom of liberty and conscience.” 14 The Weimar Constitution therefore appears to have been a model for the protection of democracy and individual rights. However, many of the rights could be suspended by Article 48 which provided that “In case public safety is seriously threatened or disturbed, the Reich President may take the measures necessary to reestablish law and order...” 15 As a result, the President had the power to rule by decree and to pass laws without the consent of the Reichstag. The Constitution therefore contained the seeds of its own destruction by enabling its own provisions to be used to undermine the key rights which it sought to protect. Article 48 and the Enabling Act The importance of Article 48 as a legal and democratic means to fundamentally change the values of the state was realised by Goebbels as early as 1928 who, in a speech as a Reichstag deputy, stated that: “We  go  into  the  Reichstag  in  order  to   Anon, (2001) The Weimar Constitution. (HIS,P) PSM Data. [online]. Available at: http://www.zum.de/psm/weimar/weimar_vve.php [accessed 9 June 2013 at 16.43], Article 68 9 Anon, (2001) The Weimar Constitution. (HIS,P) PSM Data. [online]. Available at: http://www.zum.de/psm/weimar/weimar_vve.php [accessed 9 June 2013 at 16.43], Article 76 10 Anon, (2001) The Weimar Constitution. (HIS,P) PSM Data. [online]. Available at: http://www.zum.de/psm/weimar/weimar_vve.php [accessed 9 June 2013 at 16.43], Article 102 11 Anon, (2001) The Weimar Constitution. (HIS,P) PSM Data. [online]. Available at: http://www.zum.de/psm/weimar/weimar_vve.php [accessed 9 June 2013 at 16.43], Article 105 12 Anon, (2001) The Weimar Constitution. (HIS,P) PSM Data. [online]. Available at: http://www.zum.de/psm/weimar/weimar_vve.php [accessed 9 June 2013 at 16.43], Article 109 13 Anon, (2001) The Weimar Constitution. (HIS,P) PSM Data. [online]. Available at: http://www.zum.de/psm/weimar/weimar_vve.php [accessed 9 June 2013 at 16.43], Article 114 14 Anon, (2001) The Weimar Constitution. (HIS,P) PSM Data. [online]. Available at: http://www.zum.de/psm/weimar/weimar_vve.php [accessed 9 June 2013 at 16.43], Article 135 15 Anon, (2001) The Weimar Constitution. (HIS,P) PSM Data. [online]. Available at: http://www.zum.de/psm/weimar/weimar_vve.php [accessed 9 June 2013 at 16.43], Article 48 8 191 5