Eliza Parr - History
although discussing the topic of a 'legal revolution', does not define the term.
Conversely, Neumann considers the legality of the Nazis' key revolutionary measures
by considering their impact upon the principles of legality. The fact that Neumann
“reached intellectual maturity [in Germany] during the Weimar Republic's final,
crisis-ridden years” 66 and witnessed the Nazis' consolidation of power before fleeing
Germany, emphasises the reliability of his essay as a source, particularly given that it
was first published in 1937.
The Destruction of Individual Rights
Hitler's consolidation of power also undermined the constitutional protection of
individual rights. The concept of the state being more important than the individual
was the essence of Nazi ideology and became the overriding principle which applied
across the legal system. As Führer, Hitler placed himself at the centre of the legal
system, stating in a speech to the Reichstag on 23 March 1933 that “the nation rather
than the individual must be regarded as the centre of legal concern.” 67 As R.L. Miller
has stated, the “Nazis believed law was intended to protect the state,” 68 with the
consequence that any person who did not act in the interests of the Nazi regime
should be punished. Wilhelm Frick (Minister of the Interior) captured the Nazi belief
when he stated “Everything which is useful for the nation is lawful, everything which
harms it is unlawful.” 69 Through the pursuit of these ideological goals, the German
legal system was moulded into a bureaucratic, unjust structure which forfeited the
rights of the individual: “any doubts in a case must be settled in favour of the state.” 70
The following rights were undermined: “the freedom of the individual, the
inviolability of the home from unwarranted search...freedom of speech and
assembly...and even the right to own property,” 71 even though Articles 114 and 135 of
the Constitution stated that “The rights of the individual are inviolable” 72 and “All
Reich inhabitants enjoy full freedom of liberty and conscience.” 73 As Hitler's
destruction of individual rights was inconsistent with key provisions of the
Constitution, the legality of the Nazi consolidation of power may be doubted.
A Veneer of Legality
Through the Nazis' destruction of the separation of powers and individual rights and
by the use of retroactive legislation, all of which conflicted with the provisions of the
Weimar Constitution, the legality of the Nazi revolution can reasonably be doubted,
contrary to the view of A.J.P. Taylor. 74 Whilst on the surface, Hitler was eager to
66
Scheuerman, W.E., The Rule of Law under Siege. London: University of California Press, 1996, p. 4
Noakes, J., & Pridham, G., 1984. Nazism, Volume II, 1919 – 1945. 9 th ed. Exeter: Exeter University
Press, p. 281
68
Miller, R.L., 1995. Nazi Justiz, Law of the Holocaust. Westport, USA: Praeger, p. 50
69
Noakes, J., & Pridham, G., 1984. Nazism, Volume II, 1919 – 1945. 9 th ed. Exeter: Exeter University
Press, p. 280
70
Miller, R.L., 1995. Nazi Justiz, Law of the Holocaust. Westport, USA: Praeger, p. 50
71
Müller, I., 1991. Hitler’s Justice. Harvard, USA: Harvard. Translated from German by Schneider,
D.L., p. 47
72
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
73
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
74
Taylor, A.J.P., 1967. Europe, Grandeur and Decline. 4 th ed. London: Penguin Books, p. 218
67
197
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