Hans Georg Rupp

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Hans Georg Rupp 1951

Hans Georg Rupp (born August 30, 1907 in Stuttgart , † September 14, 1989 in Münsingen ) was a German legal scholar , judge of the Federal Constitutional Court and member of the Advisory State Assembly of the State of Württemberg-Hohenzollern .

Life

Childhood and apprenticeship

Rupp came from an upper-class, liberal Reutlingen family. His parents were Dr. iur. Erwin Rupp (1855–1916), who had made a career as a ministerial official in Württemberg and attorney general in Stuttgart, and Marie Volz (1866–1946). He also had two older sisters: Elisabeth Rupp (1888–1972), who later made a name for herself as an ethnologist and writer, and Maria Rupp (1891–1956), who emerged as a sculptor.

After attending grammar school in Reutlingen, he decided to study law , which he began in Tübingen in 1925 , continued in Berlin and graduated with the first state examination in autumn 1929. He also completed his legal clerkship in both cities. In 1933 he received his doctorate in law under Viktor Bruns on "State representatives before international arbitration tribunals". The following year he passed the second state examination in Stuttgart.

Years of work in the Third Reich

He then worked as an assistant judge at the Tübingen regional court and at the Stuttgart and Reutlingen district courts . From September 1935 to July 1937 he had the opportunity to stay abroad in the USA . He was a research assistant at the Law School of Harvard University in Cambridge . During this time, the seminar at the later Supreme Court judge Felix Frankfurter exerted a formative influence on him.

After his return to the Third Reich , he worked for a year in the legal department of IG Farben . From 1938 he was the main consultant for Anglo-American law at the Kaiser Wilhelm Institute for Comparative and International Private Law in Berlin. In 1939 he married Barbara Bleisch, who later bore him a son. Even after the outbreak of World War II , he was able to continue his academic work at the Kaiser Wilhelm Institute for Private Law. Although he took part in the attack on Poland , he was then released from work by the military.

Together with Konrad Zweigert he represented the political opposition within the Kaiser Wilhelm Institute for Private Law. Both pushed ahead with the evacuation of the facility to southern Germany, which was completed in a short time in the spring of 1944. They were able to assert themselves against the reluctant management of the institute, which for a long time did not want to leave the original seat for personal reasons. In organizing the move, Rupp benefited from both his relationships with his Swabian homeland and his former employer. IG Farben took over the main part of the transport. The institute's holdings were moved to Tübingen , which was the new central location, and to five other locations.

In 1941, Rupp was also admitted to the regional court as a lawyer . This was initially denied to him due to a lack of membership in the NSDAP , but was then granted despite the lack of a party book. He also held lectures on civil law and commercial law at the University of Jena from the summer semester of 1943 to the winter semester of 1944/45 . His parents' house was destroyed in early 1945.

Parliamentarians and administrative officials in Württemberg

After the war he joined the SPD . In June 1945 he became an employee of Carlo Schmid in the Stuttgart regional directorate for culture, teaching and art. He followed him in October 1945 as Ministerialrat in the State Directorate for Culture, Education and Art, which had been set up as part of the new State Secretariat for Württemberg-Hohenzollern in Tübingen . Rupp was made head of the university department. In this position he was given the task of clearing the University of Tübingen from professors burdened by the National Socialists. According to his own admission, this only opened his eyes to the deep involvement of all branches of science with the Nazi regime. The SPD also sent him to the Advisory State Assembly of the State of Württemberg-Hohenzollern in 1946 , where he participated in the drafting of the constitution and held the office of deputy chairman. With the adoption of the constitution in 1947, his parliamentary career ended again. Since the CDU saw the cultural administration as its domain, in 1949 he was the last Social Democrat in the Ministry of Culture of Württemberg-Hohenzollern to head a department.

Together with the representative of Bavaria, Friedrich Glum , Rupp played an important role in the transfer of the Berlin-based institutes of the Kaiser Wilhelm Society to the German Research University and in the conclusion of the state agreement on the establishment of a German research university in Berlin-Dahlem and the financing German research institutes , which was completed on June 3, 1947 between the states of Bavaria, Württemberg-Baden and Hesse.

He also continued his academic activities after the war: in 1946 he was appointed lecturer at the University of Tübingen and in 1947 accepted as a scientific member of the Max Planck Institute for Comparative and International Private Law .

Judge of the Federal Constitutional Court

In 1951 he was elected judge of the Federal Constitutional Court, where he was a member of the second senate. In 1960 he had to mourn the death of his wife. Five years later he married Wiltraut von Brünneck , who had also been a judge at the Federal Constitutional Court since 1963. The so far unique case of a marriage between two constitutional judges turned out to be unproblematic in everyday judicial work: Since both belonged to different senates, a joint decision-making was in fact impossible. The only exception was the rare case of a plenary decision in 1971, in which the judges of both Senates had to decide together. The plenary submitted a proposal for the election of a constitutional judge, which had become necessary because the responsible constitutional body had not yet fulfilled its own duty to vote.

After the constitutional judges had been legally able to publish a special vote in the event of dissenting opinions since 1970 , Rupp made use of this option several times. In the interception verdict, together with Gregor Geller and Fabian von Schlabrendorff, contrary to the majority of the Senate, he took the view that the newly added Article 10, Paragraph 2, Sentence 2 of the Basic Law was not compatible with the eternity clause of the Basic Law . He also gave a special vote together with Geller on the second broadcast decision, as he supported the decision in the result, but not in terms of the reasons. His dissenting opinion, expressed together with Martin Hirsch and Walter Seuffert , on a ruling on the subject of a bias application by the Bavarian State Government against Judge Joachim Rottmann , who was involved in the judgment on the Basic Treaty , was conspicuous by a sharp tone. It said about some of the views of the majority opinion that they were "beyond the possibilities of justifiable case law".

A few months before the end of his term of office, he gave the only special vote that was written exclusively by him. When deciding on the radical decree , he voted against his colleagues because he considered it to be a violation of Article 21 of the Basic Law if the appointing authority considers the applicant's mere membership in a party not declared unconstitutional by the Federal Constitutional Court to be detrimental to the applicant. After 24 years at the Federal Constitutional Court, he retired in September 1975. Only Willi Geiger could look back on an even longer term of office.

The University of Tübingen appointed him honorary professor in 1955. In 1963 and 1970 he lectured for three months as a visiting professor at the University of Michigan .

Retired

After retiring from his judicial service, he taught European constitutional law at the University of Chicago for a few months . The death of his wife in 1977 prompted him to move back to his house in Münsingen. He only entered Karlsruhe once more. He now devoted himself to art, literature and ancient history, and traveled extensively, including to China and Egypt . Rupp died of a blow in 1989 at the age of 82 and was buried in Reutlingen.

Web links

literature

  • Hans Rupp: State representative before international arbitration tribunals. Dissertation, Berlin 1933, self-written curriculum vitae on p. 127.
  • The Federal Constitutional Court: 1951 - 1971. 2nd edition. Müller, Karlsruhe 1971, p. 238.
  • International Biographical Archive 42/1989 of October 9, 1989
  • Willi Geiger : Hans Georg Rupp †. In: Neue Juristische Wochenschrift 1989, pp. 3144f.
  • Helmut Goerlich : Hans Georg Rupp †. In: Juristenteitung 1989, p. 1050f.
  • Diemut Majer: Hans Georg Rupp †. In: New Journal for Administrative Law 1990, pp. 444f.
  • Heinrich Neuhaus: Hans Rupp August 30, 1907 - September 14, 1989. In: Rabel's magazine for foreign and international private law 1990, pp. 201f.
  • Paul Feuchte: Hans Rupp. In: Bernd Ottnad (Ed.): Baden-Württembergische Biographien 2. Kohlhammer Verlag, Stuttgart 1999, ISBN 3-17-014117-1 , pp. 370–373. ( online )

Individual evidence

  1. ↑ Goerlich, p. 1051.
  2. ^ Neuhaus, p. 201.
  3. ↑ Feuchte, p. 370.
  4. ↑ Neuhaus. P. 201.
  5. ^ Neuhaus, p. 201.
  6. ↑ Goerlich, p. 1051
  7. ^ Jörg Opitz: The Faculty of Law and Economics. In: Uwe Hoßfeld (among others): Combative Science: Studies at the University of Jena in National Socialism. Böhlau Verlag, Cologne 2003, ISBN 3-412-04102-5 , pp. 471-518, here p. 516.
  8. ^ Frank Raberg (edit.): The protocols of the government of Württemberg-Hohenzollern. First volume: The First and Second State Secretariat Schmid 1945–1947. Kohlhammer Verlag, Stuttgart 2004, ISBN 3-170-18278-1 , p. 134.
  9. ↑ Raberg, p. 134. It is unclear whether Rupp continued to work in Stuttgart at the same time and was appointed Ministerialrat in the Ministry of Culture of the newly founded state of Württemberg-Baden . So probably BVerfG 1951 - 1971, p. 238, and Goerlich, p. 1051.
  10. ^ Sebastian Müller-Rolli: Evangelical school policy in Germany 1918-1958. Documents and representation. Vandenhoeck & Ruprecht, Göttingen 1999, ISBN 3-525-61362-8 , p. 392.
  11. ↑ Geiger, p. 3144; Goerlich, p. 1051.
  12. ↑ Majer, p. 445.
  13. ^ Feuchte, p. 371.
  14. ↑ BVerfG 1951 - 1971, p. 238; Feuchte, p. 370; for 1944, however, Neuhaus, p. 202.
  15. ↑ BVerfG 1951 - 1971, p. 238; Feuchte, p. 370; Goerlich, p. 1051; Neuhaus, p. 202; on the other hand 1946 according to the International Biographical Archive 42/1989; Geiger, p. 3144; Raberg, p. 134.
  16. ↑ BVerfGE 30, 1 , Rn. 123-156.
  17. ↑ BVErfGE 31, 314 , Rn. 52-57.
  18. ↑ BVErfGE 35, 246.
  19. ↑ Internationales Biographisches Archiv 42/1989; Feuchte, p. 372.
  20. ↑ Feuchte, p. 372.
  21. ↑ BVerfGE 39, 334 , Rn. 117-141.
  22. ^ Richard Ley: The first occupation of the Federal Constitutional Court. In: Journal for Parliamentary Questions 1982, pp. 521–541, here p. 527.
  23. ↑ Majer, p. 445.
personal data
SURNAME Rupp, Hans Georg
ALTERNATIVE NAMES Rupp, Hans
BRIEF DESCRIPTION German legal scholar, judge of the Federal Constitutional Court, member of the Advisory State Assembly of the State of Württemberg-Hohenzollern
DATE OF BIRTH August 30, 1907
PLACE OF BIRTH Stuttgart , Baden-Wuerttemberg , Germany
DATE OF DEATH September 14, 1989
Place of death Münsingen , Baden-Württemberg , Germany