Saturday, March 28, 2015

assignment 3/28


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.

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