Ernst Benda (15 January 1925 – 2 March 2009) was a German legal scholar, politician and judge. He served as the fourth president of the
Federal Constitutional Court of Germany from 1971 to 1983. Benda briefly served as
Minister of the Interior of Germany (1968 to 1969).
Ernst Benda was born in Berlin, the son of an engineer. Following school, he served in the
Kriegsmarine
The (, ) was the navy of Germany from 1935 to 1945. It superseded the Imperial German Navy of the German Empire (1871–1918) and the inter-war (1919–1935) of the Weimar Republic. The was one of three official branches, along with the a ...
from 1943 to 1945. After the war, he studied law at the
Humboldt University of Berlin in East Berlin, but in 1948 moved to the
University of Wisconsin and then to the
Free University of Berlin in West Berlin. 1956 he started to work as a
lawyer
A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solic ...
in Berlin.
From 1946 Benda was a member of the
Christian Democratic Union (CDU). He was one of the founders, in 1948, of the
Kampfgruppe gegen Unmenschlichkeit
The Kampfgruppe gegen Unmenschlichkeit (KgU) (German for "Combat Group against Inhumanity") was a German anti-communist resistance group based in West Berlin. It was founded in 1948 by Rainer Hildebrandt, Günther Birkenfeld, and Ernst Benda, and ...
(KgU) ("Combat Group against Inhumanity"), an anti-communist organization operating in the
GDR
East Germany, officially the German Democratic Republic (GDR; german: Deutsche Demokratische Republik, , DDR, ), was a country that existed from its creation on 7 October 1949 until its dissolution on 3 October 1990. In these years the state ...
and which received financial support from various Western intelligence agencies and the
FGR government. From 1954 to 1957 he was a member of the
Abgeordnetenhaus von Berlin
The Abgeordnetenhaus of Berlin (House of Deputies) () is the state parliament (''Landtag'') of Berlin, Germany according to the city-state's constitution. In 1993 the parliament moved from Rathaus Schöneberg to its present house on Niederkirchne ...
, the parliament of Berlin. 1957 he was elected to the
Bundestag, the West German parliament.
In 1965 he was involved in bringing significant changes to West Germany's
statutes of limitations
A statute of limitations, known in civil law systems as a prescriptive period, is a law passed by a legislative body to set the maximum time after an event within which legal proceedings may be initiated. ("Time for commencing proceedings") In mo ...
for
murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...
. Without these changes, it would not have been possible to bring charges of murder against erstwhile National Socialists. Since 1967 he was
Secretary of State in the German
interior ministry
An interior ministry (sometimes called a ministry of internal affairs or ministry of home affairs) is a government department that is responsible for internal affairs.
Lists of current ministries of internal affairs
Named "ministry"
* Ministry ...
and since 1968 Minister of the Interior. 1969 he was appointed as a judge to the Federal Constitutional Court of Germany. From 1971 to 1983 he was president of the court. From 1984 Benda was a professor of law at the
University of Freiburg.
Awards and honours
:1974
Grand Cross of Merit of the Italian Republic
:1975
Grand Gold Medal with Ribbon for Services to the Republic of Austria
:1983
Grand Cross of the Order of Merit of the Federal Republic of Germany
:1974 Honorary Doctorate from the Faculty of Law,
Julius-Maximilians-Universität Würzburg
:1978 Honorary Professor at the
University of Trier
:1978
Pipe smoker of the year
:1987
References
External links
Frankfurter Allgemeine Zeitung
{{DEFAULTSORT:Benda, Ernst
1925 births
2009 deaths
Members of the Abgeordnetenhaus of Berlin
German Protestants
Jurists from Berlin
University of Wisconsin–Madison alumni
Free University of Berlin alumni
Grand Crosses 1st class of the Order of Merit of the Federal Republic of Germany
Knights Grand Cross of the Order of Merit of the Italian Republic
Recipients of the Grand Decoration with Sash for Services to the Republic of Austria
Interior ministers of Germany
Justices of the Federal Constitutional Court
Members of the Bundestag for Berlin
Members of the Bundestag 1969–1972
Members of the Bundestag 1965–1969
Members of the Bundestag 1961–1965
Members of the Bundestag 1957–1961
20th-century German judges
Members of the Bundestag for the Christian Democratic Union of Germany
Kriegsmarine personnel of World War II