Das Kartellgericht der Weimarer Republik: eine Institution zwischen Verwaltungsgericht, Zivilgericht und Verwaltungsbehörde und seine Bedeutung für den verwaltungsgerichtlichen Rechtsschutz
The Antitrust Court of the Weimar Republic: an Institution Between the Administrative Court, Civil Court and Administrative Authority and its Significance for Administrative Legal Protection
Author(s): Michael Johannes ReichenthalerSubject(s): History of Law, Constitutional Law, Sociology of Law, Court case, Administrative Law
Published by: Wydawnictwo Uniwersytetu w Białymstoku
Keywords: administrative law protection; Weimar Republic; antitrust court; legal process; judicial responsibilities;
Summary/Abstract: This article deals with the possibilities of obtaining administrative court legal protection at the imperial/national level during the Weimar Republic. Characteristic for this epoch of German administrative jurisdiction is the formation of numerous specialized administrative courts. As an example of this practice, the following article focuses on the Antitrust Court as a typical special administrative court of the Weimar period. However, it begins with the changes in administrative jurisdiction in general that resulted from the new Weimar Constitution, which gave administrative courts constitutional protection for the first time in German legal history. In addition, the paper outlines how this new constitutional framework was received by scholars and had an impact in practice. However, the proclamation of a German Republic after World War I, not only changed the constitution, but also meant that the administration was confronted with completely new challenges. How the German administration responded to this new situation is also briefly outlined in order to provide a better understanding of the importance and scope of the administrative courts' activities at the national level. The article focuses on the antitrust court and in particular on its competences and available remedies. These two parameters of court organization provide information on whether the Antitrust Court was actually an institution committed to legal protection or whether the effectiveness of the administration was the guiding idea that shaped the activity of the Antitrust Court.
Journal: Miscellanea Historico-Iuridica
- Issue Year: 22/2023
- Issue No: 1
- Page Range: 119-147
- Page Count: 29
- Language: German