Hans Nawiasky

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Hans Nawiasky (born August 24, 1880 in Graz , † August 11, 1961 in St. Gallen ) was an Austrian constitutional lawyer and one of the fathers of the Constitution of the Free State of Bavaria from 1946.

life and work

Hans Nawiasky, son of the opera singer Eduard Nawiasky , received his doctorate in 1902 with the Austrian economist Eugen Philippovich (1858-1917), who was part of the Carl Menger School (1840-1921 ), with a thesis on political science. In 1909 he completed his habilitation with a thesis on administrative law. In 1910 he began teaching as a private lecturer at the University of Vienna . Four years later, Nawiasky was rehabilitated by being awarded a titular professorship at the Ludwig Maximilians University in Munich , and in 1919 he was awarded the title and rank of associate professor.

In 1920 Hans Kelsen (1881–1973) founded his pure legal theory, which Nawiasky later developed further. In 1922 he was appointed "regular associate professor for constitutional law with the obligation to hold lectures on administrative law, especially financial and labor law, administrative theory and Austrian public law". In 1928 he was appointed full professor. A year later he became the first director of the newly founded Institute for Imperial and State State and Administrative Law. The city ​​of Munich owes him the establishment of an administrative academy. A little later he became the most important advisor to the Bavarian state government in matters of constitutional law. From 1928 to 1930 he was a member of the constitutional committee of the country conferences.

After being driven out by National Socialism , Nawiasky taught at the commercial college in St. Gallen , first in the form of an associate, then as a full professor. The development of a general doctrine of law and a general doctrine of the state, in which the state is viewed complementarily as an idea, as a social fact and as a legal phenomenon, is of greatest importance in professional circles .

In 1946 Nawiasky was able to return to Munich thanks to the efforts of the second post-war minister-president of Bavaria, Wilhelm Hoegner . In 1947 he resumed teaching as a professor of public law, particularly constitutional law, at the University of Munich. A year later, Nawiasky took part in the work of the Herrenchiemsee Convention in the preparation of the Basic Law . His proposal for a catalog of basic rights with a focus on traditional freedoms was largely unchanged, initially in the draft version of the new German constitution and then in the Basic Law. His contribution to a so-called over-positive law intervened in the debate, which suspects a consequence of positivism in the National Socialist degeneration of law .

Honors

  • 1953: Great Cross of Merit of the Federal Republic of Germany
  • A street and a bus stop are named after him in the Munich district 16 Ramersdorf-Perlach

Bibliography (selection)

  • The women in the Austrian civil service. (= Viennese political studies. Vol. 4.1). Vienna 1902. VIII, 246 pp.
  • German and Austrian postal law. The material traffic. A contribution to the teaching of public institutions. Vol. 1: The general legal status of the post. Vienna 1909. 282 pp.
  • The state as a legal term. Tübingen 1920. XII, 254 pp.
  • The basic ideas of the imperial constitution. (= Internal politics ). Vol. 3. Munich 1920. 164 pp.
  • Basic problems of the imperial constitution. T. 1: [no more published] The Reich as a federal state. Berlin 1928. XII, 200 pp.
  • The meaning of the imperial constitution. Munich 1931. 16 pp.
  • State types of the present. (= Publications of the St. Gallen Commercial College. Series A. Vol. 9). St. Gallen 1934. 208 pp.
  • General legal theory as a system of basic legal concepts. Einsiedeln 1941. XVI, 272 pp. - 2., fully worked. u. exp. Edition 1948. XX, 314 pp.
  • General political theory. Einsiedeln 1945–1958.
    • Part 1: Foundation. 1945. XII, 180 pp.
    • Part 2.1: State society theory. People, territory, purpose, organization. 1952. XIV, 288 pp.
    • Part 2.2: State society theory. State functions, state resources, state power, state life, state world. 1955. XII, 220 pp.
    • Part 3: Constitutional law. 1956. XIV, 176 pp.
    • Part 4: Doctrine of State Ideas. 1958. 172 pp.
  • The basic ideas of the Basic Law for the Federal Republic of Germany. Systematic presentation and critical appraisal. Stuttgart 1950. XII, 138 pp.

Literature (selection)

  • Michael Behrendt: Hans Nawiasky and the Munich student riots of 1931. In: Elisabeth Kraus (Hrsg.): The University of Munich in the Third Reich. Essays. Part 1. Utz, Munich 2006, ISBN 3-8316-0639-0 , pp. 15–42 (= contributions to the history of the Ludwig Maximilians University of Munich , 1).
  • Kathrin Groh: Hans Nawiasky's federal theory , in: Detlef Lehnert (Hrsg.): Verfassungsdenker. Germany and Austria 1870–1970 , Metropol Verlag, Berlin 2017 (= Historische Demokratieforschung , 11), pp. 239–261.
  • Hellmuth Günther: Hans Nawiasky as constitutional and civil service lawyer. In: Bayerische Verwaltungsblätter , 2011, pp. 453–466.
  • Florian Herrmann : Hans Nawiasky . In: Hermann Nehlsen , Georg Brun (Hrsg.): Munich legal history studies on National Socialism . Lang, Frankfurt am Main et al. 1996, ISBN 3-631-30988-0 , pp. 411-443 (= legal history series , 156).
  • Stephanie Summermatter: Nawiasky, Hans. In: Historical Lexicon of Switzerland .
  • Hans F. Zacher : Hans Nawiasky. A life for the state, the rule of law and democracy . In: Helmut Heinrichs , Hans-Harald Franzki , Klaus Schmalz, Michael Stolleis (eds.): German lawyers of Jewish origin . CH Beck, Munich 1993, ISBN 3-406-36960-X , p. 677 ff.
  • Hans F. Zacher: Hans Nawiasky . In: A portrait of lawyers. Publisher and authors in 4 decades. Festschrift for the 225th anniversary of the CH Beck publishing house. CH Beck, Munich 1988, ISBN 3-406-33196-3 , pp. 598-607.
  • Hans F. Zacher:  Nawiasky, Hans. In: New German Biography (NDB). Volume 19, Duncker & Humblot, Berlin 1999, ISBN 3-428-00200-8 , pp. 4-6 ( digitized version ).

Web links

Individual evidence

  1. ↑ Tp 118785796
  2. ^ The women in the Austrian civil service. (= Viennese political studies. Vol. 4.1). Vienna 1902. VIII, 246 pp.
  3. ^ German and Austrian postal law. The material traffic. A contribution to the teaching of public institutions. Vol. 1: The general legal status of the post. Vienna 1909. 282 pp.
  4. ^ Hans F. Zacher: New German Biography, Volume 19 . 1999 ( deutsche-biographie.de [accessed on February 3, 2019]).
  5. ↑ Hans Kelsen: The problem of sovereignty and the theory of international law. Contribution to a pure legal theory. Tübingen 1920. X, 320 pp.
personal data
SURNAME Nawiasky, Hans
BRIEF DESCRIPTION Austrian constitutional lawyer, one of the fathers of the Constitution of the Free State of Bavaria (1946)
DATE OF BIRTH August 24, 1880
PLACE OF BIRTH Graz
DATE OF DEATH August 11, 1961
Place of death St. Gallen