Assignment (Due 3/28): Please choose TWO sections
from the Weimar Constitution one from the first part on the structure of
government, (Art. 1-108) and a second from the section on rights (Art 109-181).
Write out the passages, interpret the meaning of them, and then explain why you
chose these passages.
Article 104
Judges serving ordinary jurisdiction are appointed
for lifetime.
Against their
will they can only be suspended temporarily or forced into early retirement or
transferred to another location if a judge decided so, based on reasons and
according to procedures determined by law. Legislation may establish an age
limit, at which judges retire.
Preliminary
suspension conform with the law will not be affected.
In case of a
change in the institution of courts or their districts the state administration
of justice may order the involuntary transfer of judges to another court or out
of office, but only under the condition that their salary will be paid
continuously.
These
regulations do not affect commercial judges, lay assessors and jury members.
My understanding of this article is that judges who
serve ordinary jurisdiction are confining their lives to serve to the court system
for an unlimited period of time until that legislation decides when they can retire.
I think that it shouldn’t be like that because any person including those
judges should have the right of free will and for me it is clear that appointing
a judge for lifetime is against free will.
Article 117
Privacy of correspondence, of mail, telegraphs and
telephone are inviolable. Exceptions are admissible only if based on a Reich
law.
Article 117 clearly states that is it against the
law to interfere with any mail, telegraph and telephone communication that corresponds
to someone else. I think that article 117 addresses a very important law because
no one has the right to know your private stuffs especially when it comes to personal
information.