Verbotzeit
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The Verbotzeit ("time of
prohibition Prohibition is the act or practice of forbidding something by law; more particularly the term refers to the banning of the manufacture, storage (whether in barrels or in bottles), transportation, sale, possession, and consumption of alcohol ...
"
grammatically_ In_linguistics,_the_grammar_of_a_natural_language_is_its_set_of_structural_constraints_on_speakers'_or_writers'_composition_of_clauses,_phrases,_and_words._The_term_can_also_refer_to_the_study_of_such_constraints,_a_field_that_includes_domains__...
_correct_German_language.html" "title="grammar.html" "title="he grammar">grammatically In linguistics, the grammar of a natural language is its set of structural constraints on speakers' or writers' composition of clauses, phrases, and words. The term can also refer to the study of such constraints, a field that includes domains ...
correct German language">German German(s) may refer to: * Germany (of or related to) ** Germania (historical use) * Germans, citizens of Germany, people of German ancestry, or native speakers of the German language ** For citizens of Germany, see also German nationality law **Ge ...
 term is ''Verbotszeit'']) refers to the fifteen-month period between :*the collapse of Adolf Hitler, Hitler's Beer Hall Putsch in Munich (9 November 1923), and :*the termination of Bavaria's official ban against the
Nazi Party The Nazi Party, officially the National Socialist German Workers' Party (german: Nationalsozialistische Deutsche Arbeiterpartei or NSDAP), was a far-right political party in Germany active between 1920 and 1945 that created and supported t ...
and its organs and instruments (such as the '' Volkischer Beobachter'' and the SA) (16 February 1925).


Background

On 24 June 1922 the German Foreign Minister,
Walther Rathenau Walther Rathenau (29 September 1867 – 24 June 1922) was a German industrialist, writer and liberal politician. During the First World War of 1914–1918 he was involved in the organization of the German war economy. After the war, Rathenau s ...
, a
Jew Jews ( he, יְהוּדִים, , ) or Jewish people are an ethnoreligious group and nation originating from the Israelites Israelite origins and kingdom: "The first act in the long drama of Jewish history is the age of the Israelites""T ...
who was undertaking to carry out Germany's treaty obligations under the
Treaty of Versailles The Treaty of Versailles (french: Traité de Versailles; german: Versailler Vertrag, ) was the most important of the peace treaties of World War I. It ended the state of war between Germany and the Allied Powers. It was signed on 28 June ...
, was assassinated by right-wing
terrorists Terrorism, in its broadest sense, is the use of criminal violence to provoke a state of terror or fear, mostly with the intention to achieve political or religious aims. The term is used in this regard primarily to refer to intentional violen ...
in
Berlin Berlin ( , ) is the capital and List of cities in Germany by population, largest city of Germany by both area and population. Its 3.7 million inhabitants make it the European Union's List of cities in the European Union by population within ci ...
while on his way to work. In response, the national government in
Berlin Berlin ( , ) is the capital and List of cities in Germany by population, largest city of Germany by both area and population. Its 3.7 million inhabitants make it the European Union's List of cities in the European Union by population within ci ...
, acting through the Reichstag and under the direction of Chancellor
Joseph Wirth Karl Joseph Wirth (6 September 1879 – 3 January 1956) was a German politician of the Catholic Centre Party who served for one year and six months as the chancellor of Germany from 1921 to 1922, as the finance minister from 1920 to 1921, a ...
, promulgated a draconian "Law For the Protection of the Republic" (LFPR). This new national law prohibited gatherings and political parties that were deemed "dangerous" to the Republic. A special court in
Leipzig Leipzig ( , ; Upper Saxon: ) is the most populous city in the German state of Saxony. Leipzig's population of 605,407 inhabitants (1.1 million in the larger urban zone) as of 2021 places the city as Germany's eighth most populous, as ...
—the Supreme Court for the Protection of the Republic (the ''Staatsgerichtshof'')—was also constituted by the LFPR, and the court was vested with
exclusive jurisdiction Exclusive jurisdiction exists in civil procedure if one court has the power to adjudicate a case to the exclusion of all other courts. The opposite situation is concurrent jurisdiction (or non-exclusive jurisdiction) in which more than one court ...
over violations of the LFPR. The Staatsgerichtshof would consist of nine members who were expressly appointed by the
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
of the Republic, which would limit the effects of judicial provincialism and particularism. In a move intended to limit the influence of the Republic's conservative (and often
monarchical A monarchy is a form of government in which a person, the monarch, is head of state for life or until abdication. The political legitimacy and authority of the monarch may vary from restricted and largely symbolic (constitutional monarchy) ...
) judiciary, only three of the nine judges were required to be professional jurists; the others could be lay judges. The Bavarian
Landtag A Landtag (State Diet) is generally the legislative assembly or parliament of a federated state or other subnational self-governing entity in German-speaking nations. It is usually a unicameral assembly exercising legislative competence in non ...
, resistant to the central power and jealous of its own "sovereignty," retaliated by enacting a Bavarian law that claimed to suspend the operation of the national law in Bavaria, and to replace the LFPR with its own Bavarian Decree for Protection of the Republic; the Bavarian High Court naturally declared this maneuver to be a legal and effective procedure. The
constitutional crisis In political science, a constitutional crisis is a problem or conflict in the function of a government that the political constitution or other fundamental governing law is perceived to be unable to resolve. There are several variations to this ...
was resolved by a compromise: the Bavarian Decree was withdrawn, and the national LFPR was amended to provide that a co-equal "southern division" of the new ''Staatsgerichtshof'' was established, and that three of the lay judges in that division had to be Bavarian.''Jablonsky'' p. 1-2.


Sources

Jablonsky
Toland
Shirer
Kershaw
Large
Morris, ''Justice Imperilled''


Footnotes

{{Authority control Early Nazism (–1933) Legal history of Germany