By Hans Petter Graver
This publication explores concrete occasions during which judges are confronted with a legislature and an govt that consciously and systematically discard the beliefs of the guideline of legislation. It revolves round 3 easy questions: What take place while states turn into oppressive and the judiciary contributes to the oppression? How do we, from a criminal viewpoint, assessment the activities of judges who give a contribution to oppression? And, thirdly, how will we comprehend their participation from an ethical viewpoint and aid their inclination to resist?
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Extra info for Judges Against Justice: On Judges When the Rule of Law is Under Attack
42 Oppression in Legal Forms: Is It Really Law? 27 could be applied in the case where the act was committed, not within the territories of the Reich but in Czechoslovakia. The Grand Senate emphasised that the courts were bound by the law and could only punish offences covered by a law, either by its wording or by the basic aim behind it. This also applied to legislation enacted before the Nazi takeover of power: “Laws that the Fu¨hrer until further notice has left untouched form part of his legislation.
1024–1025. 27 Angermund (1990), pp. 244–245. 28 Angermund (1990), pp. 253–265. 29 Angermund (1990), p. 248. 30 Angermund (1990), p. 248. 26 42 3 Repression of the Judiciary But not a single case is reported in which a judge who resigned was sent to a concentration camp, or even lost his pension. If he wished, he could leave the service and “sit the regime out” on his pension. Though such cases occurred not too frequently, they were known and widely commented on by the judiciary. Moreover – and this too was fully known – there were some judges, particularly among the older generation, who, neither resigning nor yielding, resisted pressure to the end.
43 Fraser (2005), p. 438. 44 Großer Senat fu¨r Straffsachen, 23 February 1938, Entscheidungen des Reichsgerichts, Strafsachen 72 91. 42 Oppression in Legal Forms: Is It Really Law? 27 could be applied in the case where the act was committed, not within the territories of the Reich but in Czechoslovakia. The Grand Senate emphasised that the courts were bound by the law and could only punish offences covered by a law, either by its wording or by the basic aim behind it. This also applied to legislation enacted before the Nazi takeover of power: “Laws that the Fu¨hrer until further notice has left untouched form part of his legislation.
Judges Against Justice: On Judges When the Rule of Law is Under Attack by Hans Petter Graver