CONSTITUTION IN TIME OF EMERGENCY – SCHMITT AND KELSEN

Resumo

‘The strike against Prussia’ (Preussenschlag) was part of the failure of the Weimar Republic (WR) and it started ten days after Schmitt had published Legalität und Legitimität. On July 20, 1932 the president Von Pappen used an emergency decree and authorized the Reich chancellor to depose the government of Prussia based upon the Article 48 of the Weimar Constitution, which consequently put the biggest German state under martial law. At that time, the liberal democratic government in Prussia was giving a lot of trouble to the executive powers that were losing control over their political decisions.