Walter Jellinek

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Walter Jellinek (* 12. July 1885 in Vienna ; † 9. June 1955 in Heidelberg ) was a German national , administrative and international law .

Life

Walter Jellinek was a son of Georg Jellinek and his wife Camilla and a grandson of Adolf Jellinek, the preacher of the Israelite religious community in Vienna . Like his siblings, he was initially listed as Israelite by the authorities, even though they were not Jewish in the sense of the Halacha . In 1896, Georg's children were quietly baptized.

Jellinek studied law at the Universities of Heidelberg , Freiburg and Berlin . In 1908 he received his doctorate under Paul Laband at the University of Strasbourg with the dissertation The defective state act and its effects . As early as 1912, Jellinek's habilitation took place with Otto Mayer in Leipzig with his habilitation thesis Law, Application of Laws and Expediency Consideration .

After a short time as a private lecturer in Leipzig, Jellinek became an associate professor in 1913. Walter Jellinek served in the First World War in the artillery Examination Commission . After the end of the war, Jellinek was appointed full professor for public law at Kiel University in 1919. 1928-29 Walter Jellinek was rector of the University of Kiel. In 1929 he followed a call to Heidelberg as full professor of constitutional law . Because of his Jewish origins, he was expelled from his office by the National Socialists in 1935.

After the Second World War Jellinek got his chair back for constitutional law. In the same year he became a judge at the Administrative Court of Baden-Württemberg and the State Court for the State of Baden-Württemberg .

As a member of the Preparatory Constitutional Committee (Greater Hesse), he played a key role in the first draft of the constitution of the State of Hesse .

Fonts (selection)

  • The flawed state act and its effects. An administrative and procedural law study , Mohr Siebeck, Tübingen 1908.
  • Creation and expansion of the Weimar Imperial Constitution. In: Handbuch des Deutschen Staatsrechts , ed. by Gerhard Anschütz and Richard Thoma . Volume I. Mohr, Tübingen 1930.
  • Administrative law. Springer, Berlin 1928, 3rd edition 1931.
  • The bilateral international treaties on the recognition of foreign civil judgments. A critical investigation. de Gruyter, Mohr, Berlin / Tübingen 1953.

literature

  • Ino Augsberg : "There is no big news to add". Walter Jellinek's “Administrative Law” in the early Federal Republic. In: Carsten Cremer (ed.): The science of administrative law in the early Federal Republic (1949–1977). Mohr Siebeck, Tübingen 2017, pp. 11–30, ISBN 978-3-16-155530-5 .
  • Otto Bachof a . a. (Ed.): Research and reports from public law. Memorial for Walter Jellinek. Isar-Verlag, Munich 1955, 2nd edition, Munich 1974.
  • Klaus Kempter: The Jellineks 1820–1955. A family-biographical study on the German-Jewish educated middle class (= writings of the Federal Archives. Volume 52). Düsseldorf 1998, ISBN 3-7700-1606-8 .
  • Hans Klein:  Jellinek, Walter. In: New German Biography (NDB). Volume 10, Duncker & Humblot, Berlin 1974, ISBN 3-428-00191-5 , p. 394 f. ( Digitized version ).
  • Reinhard Mehring (ed.): Walter Jellinek - Carl Schmitt. Correspondence from 1926 to 1933. In: Schmittiana. New episode, volume 2, ed. from the Carl-Schmitt-Gesellschaft , Duncker u. Humblot, Berlin 2014, pp. 87–117.
  • Klaus-Peter Schroeder : “A university for and by lawyers”. The Heidelberg Faculty of Law in the 19th and 20th centuries (= Heidelberg legal treatises. Volume 1). Mohr Siebeck, Tübingen 2010, ISBN 978-3-16-150326-9 , pp. 457-468.
  • Martin Schulte : Walter Jellinek (1885–1955) . In: Peter Häberle , Michael Kilian , Heinrich Wolff : Constitutional law teacher of the 20th century. Germany, Austria, Switzerland . De Gruyter, Berlin / Boston (2nd edition) 2018, pp. 377–389, ISBN 978-3-11-030377-3 .
  • Jan Ziekow : The unanimity of the legal decision. On the life and work of Walter Jellinek. In: Archives of Public Law . Volume 111, 1986, p. 219 ff.

Web links

Individual evidence

  1. Klaus Kempter: The Jellinkes 1820-1955. A family-biographical study on the German-Jewish educated middle class , Droste Verlag, Düsseldorf 1998, p. 287.
  2. Klaus Kempter, p. 288.
  3. Eike Wolgast : The twentieth century. In: Wilhelm Doerr (Ed.): Semper Apertus. Six hundred years of Ruprecht-Karls-Universität Heidelberg 1386–1986. Volume 3. Springer-Verlag, Berlin / Heidelberg 1985, pp. 1–54, here p. 17.
  4. Helmut Berding : Tradition and a new beginning. The constitution of the state of Hesse. From "Greater Hessen" in Proclamation No. 2 (September 19, 1945) to the state of Hesse (May 24, 1949). In: Bernd Heidenreich / Klaus Böhme (ed.): Hessen. Constitution and Politics , Stuttgart / Berlin / Cologne 1997, pp. 274–316.