Max layer

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Maximilian Carl Layer (born September 17, 1866 in Graz , † January 24, 1941 in Vienna ) was an Austrian legal scholar and constitutional judge . Layer worked from 1903 as an associate professor and from 1908 as a full professor for administrative and constitutional law at the universities of Vienna and Graz . From 1924 to 1930 he was also a member of the Austrian Constitutional Court .

Career

Max Layer was born on September 17, 1866 as the son of the lawyer August Layer in the Styrian capital Graz. At the University of Graz graduated Layer the Study of Law and was on June 18, 1889 Doctor of Law doctorate . Then he entered the service of the Styrian kuk Lieutenancy . His last position there was in 1902 as the kk district commissioner in Graz. In 1902 , Max Layer completed his habilitation at the University of Graz with a habilitation thesis entitled “Principles of Expropriation Law ” and thus received the license to teach the subjects of administrative law and administrative theory. In the same year he published his habilitation thesis with a Leipzig publisher, which made it very well known in the entire German-speaking region and years later it was still referred to as the “basis of modern expropriation dogmatics”.

In 1903, Max Layer was subsequently appointed associate professor for general and Austrian constitutional law, administrative doctrine and Austrian administrative law at the law faculty of the University of Vienna . Five years later, in 1908, Layer was appointed full university professor and professor at the University of Vienna. In the same year, however, there was a primo et unico appointment to the position of full professor of constitutional law at the University of Graz . Max Layer followed this call back to his alma mater and became a university professor in Graz, which he remained until 1928. In Graz he was twice elected dean of the law faculty in 1912/13 and 1924/25 .

Max Layer was appointed a member of the Constitutional Court on December 3, 1924 by the National Council. In 1928 he was offered a second appointment to the University of Vienna when he succeeded the chair in public law previously represented by Adolf Menzel . The so-called “depoliticization” of the Constitutional Court , initiated in 1929 by a constitutional amendment , led to the forced resignation of Max Layer from the Constitutional Court in February 1930. In the course of the elimination of the Constitutional Court in 1933 , Max Layer initiated a protest by all law faculties in Austria against this measure. After he had also expressed himself extremely critical of the application of the War Economic Enabling Act by the Austro-Fascist Federal Government in 1933 and 1934 and this paper had appeared in the German magazine Verwaltungsarchiv (issue 38/1933), Max Layer was finally in In 1933 he was involuntarily retired as a university professor.

In 1934, despite being forced to leave the university, he was elected a corresponding member of the Austrian Academy of Sciences , and in 1940 he was elected a real member. Also in 1940, Max Layer was made an honorary senator of the University of Vienna.

literature

Individual evidence

  1. a b Hermann Baltl : Max Layer . In: Wilhelm Brauneder (Ed.): Juristen in Österreich 1200–1980 . Verlag ORAC, Vienna 1987, ISBN 3-7015-0041-X , p. 276 .
  2. ^ Hermann Baltl : Max Layer . In: Wilhelm Brauneder (Ed.): Juristen in Österreich 1200–1980 . Verlag ORAC, Vienna 1987, ISBN 3-7015-0041-X , p. 331 .
  3. ^ Adolf Julius Merkl : The "depoliticized" constitutional court. In: The Austrian Economist . Vienna 1930.
  4. ^ Christian Neschwara : The members of the Constitutional Court 1919–1934 . In: Kurt Heller (Ed.): The Constitutional Court. The development of constitutional jurisdiction in Austria from the beginning to the present . Verlag Österreich , Vienna 2010, ISBN 978-3-7046-5495-3 , pp. 601 ff .
  5. ^ Erwin MelicharLayer, Max. In: Austrian Biographical Lexicon 1815-1950 (ÖBL). Volume 5, Verlag der Österreichischen Akademie der Wissenschaften, Vienna 1972, p. 55.
  6. ^ Hermann Baltl : Max Layer . In: Wilhelm Brauneder (Ed.): Juristen in Österreich 1200–1980 . Verlag ORAC, Vienna 1987, ISBN 3-7015-0041-X , p. 277 .