Article 48
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Article 48
Article 48 of the constitution of the Weimar Republic of Germany (1919–1933) allowed the President, under certain circumstances, to take emergency measures without the prior consent of the '' Reichstag''. This power was understood to include the promulgation of "emergency decrees". The law allowed Chancellor Adolf Hitler, with decrees issued by President Paul von Hindenburg, to create a totalitarian dictatorship after the Nazi Party's rise to power in the early 1930s. Text History Following the Treaty of Versailles, there was a period of hyperinflation in the Weimar Republic between 1921 and 1923, then the Occupation of the Ruhr between 1923 and 1925. Friedrich Ebert, a Social Democrat and the Republic's first President, used Article 48 on 136 occasions, including the deposition of lawfully elected governments in Saxony and Thuringia when those appeared disorderly. On 29 August 1921 an emergency proclamation was issued limiting the wearing of imperial military uniforms t ...
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Weimar Constitution
The Constitution of the German Reich (german: Die Verfassung des Deutschen Reichs), usually known as the Weimar Constitution (''Weimarer Verfassung''), was the constitution that governed Germany during the Weimar Republic era (1919–1933). The constitution declared Germany to be a democratic parliamentary republic with a legislature elected under proportional representation. Universal suffrage was established, with a minimum voting age of 20. The constitution technically remained in effect throughout the Nazi era from 1933 to 1945, though practically it had been repealed by the Enabling Act of 1933 and thus its various provisions and protections went unenforced for the duration of Nazi rule. The constitution's title was the same as the Constitution of the German Empire that preceded it. The German state's official name was ''Deutsches Reich'' until the adoption of the 1949 Basic Law. Origin Following the end of World War I, a German National Assembly gathered in the town of ...
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Saxony
Saxony (german: Sachsen ; Upper Saxon: ''Saggsn''; hsb, Sakska), officially the Free State of Saxony (german: Freistaat Sachsen, links=no ; Upper Saxon: ''Freischdaad Saggsn''; hsb, Swobodny stat Sakska, links=no), is a landlocked state of Germany, bordering the states of Brandenburg, Saxony-Anhalt, Thuringia, Bavaria, as well as the countries of Poland and the Czech Republic. Its capital is Dresden, and its largest city is Leipzig. Saxony is the tenth largest of Germany's sixteen states, with an area of , and the sixth most populous, with more than 4 million inhabitants. The term Saxony has been in use for more than a millennium. It was used for the medieval Duchy of Saxony, the Electorate of Saxony of the Holy Roman Empire, the Kingdom of Saxony, and twice for a republic. The first Free State of Saxony was established in 1918 as a constituent state of the Weimar Republic. After World War II, it was under Soviet occupation before it became part of the communist East Ger ...
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Modus Vivendi
''Modus vivendi'' (plural ''modi vivendi'') is a Latin phrase that means "mode of living" or " way of life". It often is used to mean an arrangement or agreement that allows conflicting parties to coexist in peace. In science, it is used to describe lifestyles. ''Modus'' means "mode", "way", "method", or "manner". ''Vivendi'' means "of living". The phrase is often used to describe informal and temporary arrangements in political affairs. For example, if two sides reach a ''modus vivendi'' regarding disputed territories, despite political, historical or cultural incompatibilities, an accommodation of their respective differences is established for the sake of contingency. In diplomacy, a ''modus vivendi'' is an instrument for establishing an international accord of a temporary or provisional nature, intended to be replaced by a more substantial and thorough agreement, such as a treaty. Armistices and instruments of surrender are intended to achieve a ''modus vivendi''. Examples ...
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Heinrich Brüning
Heinrich Aloysius Maria Elisabeth Brüning (; 26 November 1885 – 30 March 1970) was a German Centre Party politician and academic, who served as the chancellor of Germany during the Weimar Republic from 1930 to 1932. A political scientist and Christian social activist, he entered politics in the 1920s and was elected to the Reichstag in 1924. In 1930, he was appointed interim chancellor, just as the Great Depression took hold. His austerity policies in response were unpopular, with most of the ''Reichstag'' opposed, so he governed by emergency decrees issued by President Paul von Hindenburg, overriding the ''Reichstag''. This lasted until May 1932, when his land distribution policy offended Hindenburg, who refused to issue any more decrees, and Brüning resigned. After Hitler took power, Brüning fled Germany in 1934. He eventually settled in the United States. From 1937 to 1952, he was a professor at Harvard University. He returned to Germany in 1951 to teach at the ...
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Chancellor
Chancellor ( la, cancellarius) is a title of various official positions in the governments of many nations. The original chancellors were the of Roman courts of justice—ushers, who sat at the or lattice work screens of a basilica or law court, which separated the judge and counsel from the audience. A chancellor's office is called a chancellery or chancery. The word is now used in the titles of many various officers in various settings (government, education, religion). Nowadays the term is most often used to describe: *The head of the government *A person in charge of foreign affairs *A person with duties related to justice *A person in charge of financial and economic issues *The head of a university Governmental positions Head of government Austria The Chancellor of Austria, denominated ' for males and ' for females, is the title of the head of the Government of Austria. Since 2021, the Chancellor of Austria is Karl Nehammer. Germany The Chancellor of Germany, denomina ...
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Great Depression
The Great Depression (19291939) was an economic shock that impacted most countries across the world. It was a period of economic depression that became evident after a major fall in stock prices in the United States. The economic contagion began around September and led to the Wall Street stock market crash of October 24 (Black Thursday). It was the longest, deepest, and most widespread depression of the 20th century. Between 1929 and 1932, worldwide gross domestic product (GDP) fell by an estimated 15%. By comparison, worldwide GDP fell by less than 1% from 2008 to 2009 during the Great Recession. Some economies started to recover by the mid-1930s. However, in many countries, the negative effects of the Great Depression lasted until the beginning of World War II. Devastating effects were seen in both rich and poor countries with falling personal income, prices, tax revenues, and profits. International trade fell by more than 50%, unemployment in the U.S. rose to 23% and ...
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Lay Judge
A lay judge, sometimes called a lay assessor, is a person assisting a judge in a trial. Lay judges are used in some civil law jurisdictions. Lay judges are appointed volunteers and often require some legal instruction. However, they are not permanent officers. They attend proceedings about once a month, and often receive only nominal or "costs covered" pay. Lay judges are usually used when the country does not have juries. Lay judges may be randomly selected for a single trial (as jurors are), or politically appointed. In the latter case they may usually not be rejected by the prosecution, the defense, or the permanent judges. Lay judges are similar to magistrates of England and Wales, but magistrates sit about twice as often. In different countries Austria In criminal proceedings, lay judges sit alongside professional judges on cases carrying a maximum punishment of more than five years, as well as for political crimes. Lay judges are also used in labor, social, and commercial ...
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Judiciary Of Germany
The judiciary of Germany is the system of courts that interprets and applies the law in Germany. The German legal system is a civil law mostly based on a comprehensive compendium of statutes, as compared to the common law systems. In criminal and administrative law, Germany uses an inquisitorial system where the judges are actively involved in investigating the facts of the case, as compared to an adversarial system where the role of the judge is primarily that of an impartial referee between the prosecutor or plaintiff and the defendant. In Germany, the independence of the judiciary is historically older than democracy. The organisation of courts is traditionally strong, and almost all federal and state actions are subject to judicial review. Judges follow a distinct career path. At the end of their legal education at university, all law students must pass a state examination before they can continue on to an apprenticeship that provides them with broad training in the lega ...
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Trier Of Fact
A trier of fact or finder of fact is a person or group who determines which facts are available in a legal proceeding (usually a trial) and how relevant they are to deciding its outcome. To determine a fact is to decide, from the evidence presented, whether something existed or some event occurred. The factfinder differs by the type of proceeding. In a jury trial, it is the jury; in a non-jury trial, the judge is both the factfinder and the trier of law. In administrative proceedings, the factfinder may be a hearing officer or a hearing body.Law Dictionary: Fact-Finder
Accessed 17 November 2008.


Juries

In a jury trial, a is the trier of fact. The

Emminger Reform
The Emminger Decree or Emminger Reform (german: Emminger Verordnung, ''Lex Emminger'', or '; formally the ') was an emergency decree in the democratic Weimar Republic by Justice Minister Erich Emminger ( BVP) on 4 January 1924 that among other things abolished the jury as trier of fact and replaced it with a mixed system of judges and lay judges in Germany's judiciary which still exists today. Background The modern jury trial was first introduced in the Rhenish provinces in 1798, with a court consisting most commonly of 12 citizens ('). A Swabian ordinance of 1562 had also called for the summons of jurymen ('), and various methods were in use in Emmendingen, Oppenau, and Oberkirch. Hauenstein's charter of 1442 secured the right to be tried in all cases by 24 fellow equals, and in Friburg the jury was composed of 30 citizens and councilors. In Constance the jury trial was suppressed by decree of the Habsburg monarchy in 1786. The Frankfurt Constitution of the failed Revolutions of ...
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Reichsmark
The (; sign: ℛℳ; abbreviation: RM) was the currency of Germany from 1924 until 20 June 1948 in West Germany, where it was replaced with the , and until 23 June 1948 in East Germany, where it was replaced by the East German mark. The Reichsmark was subdivided into 100 s (Rpf or ℛ₰). The Mark is an ancient Germanic weight measure, traditionally a half pound, later used for several coins; whereas (''realm'' in English), comes from the official name for the German state from 1871 to 1945, . History The Reichsmark was introduced in 1924 as a permanent replacement for the Papiermark. This was necessary due to the 1920s German inflation which had reached its peak in 1923. The exchange rate between the old Papiermark and the Reichsmark was = 1012  ℳ (one trillion in American English and French, one billion in German and other European languages and British English of the time; see long and short scale). To stabilize the economy and to smooth the transition, the Papierm ...
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Wilhelm Cuno
Wilhelm Carl Josef Cuno (2 July 1876 – 3 January 1933) was a German businessman and politician who was the chancellor of Germany from 1922 to 1923, for a total of 264 days. His tenure included the episode known as the Occupation of the Ruhr by French and Belgian troops and the period in which inflation in Germany accelerated notably, heading towards hyperinflation. Cuno was also general director of the Hapag shipping company. Early life Wilhelm Carl Josef Cuno was born on 2 July 1876 in Suhl, in what was then Prussian Saxony and is now in Thuringia. He was the son of August George Wilhelm Cuno (1848-1915) and his wife Catherina Elisabeth Theresia, née Daske (1852-1878). In 1906, Cuno, a Roman Catholic, married Martha Berta Wirtz (born 1879), daughter of Hamburg merchant Hugo Wirtz. They had three sons and two daughters. Cuno studied law in Berlin and Heidelberg and was awarded a Juris Doctor. He was a member of K.D.St.V. Arminia Heidelberg, a Catholic student fraternity ...
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