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A Study on a State of German Emergency

  • Public Land Law Review
  • Abbr : KPLLR
  • 2014, 66(), pp.377-402
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Moon-Hyun Koh 1

1숭실대학교

Accredited

ABSTRACT

Considering historical background that Hitler took power by the article 48 of Weimar Constitutional Law, Bonn Basic Law of 1949 did not provide powerful articles that give president power to dictatorship. We can tell from this that German people regretted the article 48 of Weimar Constitutional Law. It was also held under Allied Army to take an emergency power. Therefore, they don't need constitutionalization on an emergency power. By the way, it is noteworthy that we neglect an important fact on article 48 of Weimar Constitutional Law. That is to say, concrete measure is delegated to a law by article 48 of Weimar Constitutional Law. But a law was not made by the parliament at that time. It is not possible for us to conclude that absence of a law on an emergency power brought about destruction of Weimar Republic directly. But it can fall that a state can be destroyed in case of disruption of the constitution. Accordingly, this kind of provision casts a long shadow to us in that institutional remedial means is indispensible to overcome emergency of a state in post-war Germany. In this article, we examine German Constitutional Law on a state of emergency of 1968 first, and then constitutional principle on defence in Bonn Basic Law, and finally draw some implications from jurisprudence of German Basic Law on a state of emergency.

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