Karl Schultes (lawyer)

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Karl Schultes (born July 6, 1909 in Nordhausen ; † February 2, 1982 ) was a German lawyer , party functionary ( SPD / SAP / KPD / SED ), armed forces deserter and state constitutional judge in North Rhine-Westphalia .

Life

Schultes came from the family of a doctor and free thinker . His house was built by the well-known later Nazi architect Paul Schultze-Naumburg . After visiting the elementary school and high school he graduated from in 1928 to study law . During these years he joined the Social Democratic Party of Germany (SPD), was also involved in the Association of Socialist Students and in the League for Human Rights . In addition to writing newspaper articles, he also appeared as an election speaker for his party. Because he campaigned for the united front of Social Democrats and Communists and was disciplined for it, he joined the Socialist Workers' Party in 1932 .

After the transfer of power to the Nazis , he was in 1934 in Bonn to the doctor of jurisprudence doctorate . His dissertation contained a fundamental criticism of the constitutional practice of Article 48 of the Weimar Constitution . In 1938 he passed his second legal exam , but was not admitted to the civil service despite joining the National Socialist Lawyers' Association . After working in the metal industry , he was drafted into the Wehrmacht in 1942. In 1944, a court martial was opened against him for " decomposition of the military " . He anticipated a life-threatening sentence by deserting the troops and becoming a prisoner of war in the United States .

When the Nazi regime was eliminated and he returned to Thuringia , Hermann Brill took him on as an employee in his presidential office in May 1945. In July 1945 he joined the Communist Party of Germany (KPD) and with its mandate became Lord Mayor and District Administrator of Nordhausen. Because he opposed the active discrimination against former Social Democrats in the united workers' party SED, although he had advocated unification , he was dismissed from his post by Thuringian representatives of the SMAD (successor: Hans Himmler ). In May 1946 he became head of the Legislative Department in the Ministry of Justice and Deputy Minister of Justice . At the same time he headed the judicial department at the state executive committee of his party and became a lecturer at the Friedrich Schiller University in Jena . Beyond Thuringia, he was in demand as a legal expert because he tried to introduce administrative jurisdiction and wanted to combine socialism with the rule of law . When the GDR constitution was drawn up in 1949 , Grotewohl asked him to cooperate. The pressure on him from the advocates of a party line loyal to Moscow increased more and more, so that in 1950 he fled to the Federal Republic of Germany . There he was accepted into the SPD in 1952, but despite the advocacy of well-known Social Democrats, he was denied access to the public service because he had the stigma of not having fought against communism . From 1952 to 1957 he studied at the London School of Economics and worked for the Cologne United Restitution Organization . From 1957 he worked again as a lawyer and became deputy judge in 1964 . From 1970 to 1978 he worked as a judge at the Constitutional Court of North Rhine-Westphalia .

Works

  • Jurisprudence for the dictatorship of the Reich President according to Article 48, Paragraph II of the Weimar Constitution. A critical review , Bonn: Röhrscheid, 1934
  • The Constitution of the Soviet Union , Weimar: Thüringer Volksverl., 1946
  • The Constitution of the State of Thuringia , Weimar: Thüringer Verlagsanst., 1947
  • Thuringian legal index , Weimar: Landesverl. Thuringia, 1947
  • The decline of constitutional thinking in fascism. The teachings of Professor Carl Schmitt, crown lawyer of the counter-revolution , Weimar: Werden u. Act, 1947
  • Legislation and legal development in the state of Thuringia , Weimar: Landesverl. Thuringia, 1947
  • The southern German state constitutions , Berlin: Dietz, 1948
  • The structure of the state constitutions in the Soviet zone of occupation , Berlin: Dietz, 1948

literature

  • Steffen Kachel : A red-red special path? Social Democrats and Communists in Thuringia 1919 to 1949 (= publications of the Historical Commission for Thuringia, Kleine Reihe, vol. 29), p. 565, ISBN 978-3-412-20544-7

Web links

Individual evidence

  1. http://www.saaleck-werkstaetten.de/paul_schultze_naumburg/bauwerke.html Accessed June 9, 2011 The sponsored listings displayed here are generated automatically by a third party and have no relationship whatsoever with the domain owner or the service provider. If problems with trademark law arise, please contact the domain owner directly, as can be seen in the Whois.