Paulus van Husen

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Paulus van Husen (born February 26, 1891 in Horst an der Emscher, † September 1, 1971 in Münster ) was a German lawyer , resistance fighter against National Socialism and member of the Kreisau Circle resistance group .

The grave of Paul van Husen in the family grave in the old St. Mauritz cemetery in Münster.

Life

Paulus van Husen came from a Catholic family of doctors. He attended the Paulinum grammar school in Münster, where he graduated from high school in 1909.

Van Husen studied law and political science in Oxford , Munich , Geneva and Münster from 1909 to 1912 . In 1912/1913 he did his military service as a one-year volunteer , in 1914 he began his legal clerkship , including in the Lüdinghausen district office . This was interrupted by the First World War, in which van Husen served from start to finish, most recently as a lieutenant.

After the end of the war, van Husen finished his legal traineeship. In 1920 he received his doctorate at the university with a dissertation on the constitutional organization of the German Reich from the revolution in November 1918 to the meeting of the National Assembly .

In October 1920 van Husen entered the Prussian civil service, initially with the government in Opole in Upper Silesia. When the district administrator of the Rybnik district , Hans Lukaschek , switched to the Silesian Committee in preparation for the referendum in Upper Silesia , van Husen was entrusted with the provisional management of the district office of the Rybnik district in early 1921, which he held until July 1922. From then on, van Husen had a lifelong friendship with Lukaschek. Subsequently, van Husen worked again for the district president Opole, then from 1923 to 1927 general representative of Karl Gottfried Prinz zu Hohenlohe-Ingelfingen . In 1927 he was appointed to succeed Lukaschek as a German member of the Mixed Commission for Upper Silesia .

In 1934 he was recalled from the mixed commission by the National Socialists . He was transferred to the Prussian Higher Administrative Court as a judge . In the Second World War he served in the rank of Rittmeister in the reserve .

Paulus van Husen had been a member of the Kreisau Circle since 1941. Van Husen came into contact with Moltke through the Silesian Center Party . His concern in the Kreisau district was to clarify legal issues, including punishing war criminals . He was assigned to the assassins of July 20, 1944 and arrested by the Gestapo in October 1944 . Although he was involved in the assassination plans and, according to the plans of the conspirators, was intended for the office of State Secretary in the new Reich government, nothing could be proven to him. Nevertheless, in April 1945 the People's Court sentenced him to three years in prison at its last session . A few days later he was freed from the Plötzensee prison in Berlin by the Red Army .

Like Otto Heinrich von der Gablentz, Husen was one of the founders of the CDU in Berlin.

On behalf of the US military government in Berlin, he set up an administrative court system . In 1948 he became a judge at the Bizonal German Higher Court in Cologne.

In 1949 Paulus van Husen was appointed by the North Rhine-Westphalian government Arnold (CDU) as the first President of the Higher Administrative Court for the State of North Rhine-Westphalia in Münster, and subsequently President of the Constitutional Court for the State of North Rhine-Westphalia , established in 1952 . In 1959 van Husen retired.

Quote

“... the point is to uncover that the independence of the courts in Germany is a pretense behind which there is a different legal and often actual reality. This certificate was created historically. One has got used to it ... The separation of powers in today's constitutional sense means that the legislature, executive and judiciary are to be exercised by different organs. From this it follows first of all that these organs must be independent, that is, they have to have their own life within them, without depending on any of the other powers ... But this [the German] judicial administration is ... in the most essential part, namely at the top , withdrawn from the courts and placed in the hands of the executive . That removes ... the existence of the third power and makes it a fiction despite recognition in the Basic Law and in the state constitutions ... ”(Paulus van Husen).

Fonts

  • Law on administrative jurisdiction in Bavaria, Württemberg-Baden and Hesse. With comment . Poeschel, Stuttgart 1947.
  • Draft for a federal administrative court order , 1950.
  • The unleashing of the third power . In: Archives of Public Law ( AöR ) 78 (1952/53), pp. 49–62.
  • Memories of a lawyer from the German Empire to the Federal Republic of Germany . Edited by Karl-Joseph Hummel with the collaboration of Bernhard Frings (= Publications of the Commission for Contemporary History, Series A: Sources, Vol. 53). Schöningh, Paderborn 2010, ISBN 978-3-506-75687-9 .
  • Manfred Lütz , Paulus van Husen: When the car didn't come. A true story from the resistance . Herder, Freiburg 2019, ISBN 978-3-451-38421-9 (memoirs of Paulus van Husen, selected by Manfred Lütz).

literature

  • Frank Schindler: Paulus van Husen in the Kreisau circle. Constitutional and constitutional political contributions to the Kreisau's plans for the rebuilding of Germany (= legal and political science publications of the Görres Society, NF, vol. 78). Schöningh, Paderborn 1996, (at the same time: dissertation under the title: The constitutional and constitutional political ideas of Paulus van Husen in the Kreisauer Kreis , University of Hamburg 1995) ( digitized version ).
  • Karl-Joseph Hummel : Paulus van Husen (1891–1971) . In: Friedrich Gerhard Hohmann (Hrsg.): Westfälische Lebensbilder 19 (=  publications of the Historical Commission for Westphalia ). New series 16. Aschendorff, Münster 2015, ISBN 978-3-402-15117-4 , p. 189-224 .
  • Rudolf Morsey : Adenauer's laborious search for a “State Secretary for Foreign Affairs” 1949/50: Two offers to and two rejections from Paulus van Husen . In: Werner J. Patzelt, Martin Sebaldt, Uwe Kranenpohl (eds.): Res publica semper reformanda. Science and political education in the service of the common good . VS, Verlag für Sozialwissenschaften, Wiesbaden 2007, ISBN 978-3-531-15393-3 , pp. 347-359.

Web links

Individual evidence

  1. ^ Frank Schindler: Paulus van Husen in the Kreisau circle . Schöningh, Paderborn 1996, p. 17.
  2. ^ German Resistance Memorial Center : Paulus van Husen , accessed on March 19, 2019.
  3. ↑ Rudolf Morsey: Adenauer's arduous search for a “State Secretary of the Outside” 1949/50: Two offers to and two rejections from Paulus van Husen . In: Werner J. Patzelt, Martin Sebaldt, Uwe Kranenpohl (eds.): Res publica semper reformanda. Science and political education in the service of the common good . VS, Verlag für Sozialwissenschaften, Wiesbaden 2007, pp. 347–359, here p. 349.
  4. ^ Ger van Roon : Reorganization in the resistance. The Kreisau Circle within the German resistance movement . Oldenbourg, Munich 1967, p. 195.
  5. ^ Frank Schindler: Paulus van Husen in the Kreisau circle . Schöningh, Paderborn 1996, pp. 17-18.
  6. ^ Albrecht von Moltke: The economic and socio-political ideas of the Kreisau Circle within the German resistance movement . Müller Botermann, Cologne 1989, ISBN 3-924361-73-8 , p. 60.
  7. ^ Frank Schindler: Paulus van Husen in the Kreisau circle . Schöningh, Paderborn 1996, p. 19.
  8. ^ Frank Schindler: Paulus van Husen in the Kreisau circle . Schöningh, Paderborn 1996, p. 20.
  9. ^ Frank Schindler: Paulus van Husen in the Kreisau circle . Schöningh, Paderborn 1996, p. 21.
  10. ↑ a b Paulus van Husen: The unleashing of the third power . Retrieved August 19, 2019 .
personal data
SURNAME Husen, Paulus van
BRIEF DESCRIPTION Lawyer, judge and resistance fighter
DATE OF BIRTH February 26, 1891
PLACE OF BIRTH Gelsenkirchen-Horst
DATE OF DEATH 1st September 1971
Place of death Muenster