Ministerial Responsibility in Bavaria: Inaugural Dissertation of the Law School of Erlangen, Submitted by Arthur Teutsch, June 19, 1903. Translated by Denise Elaine Heap.
J.D. Dissertation. Discusses history of constitutional law and development of civil service in Bavaria (and Germany) from 1180 to 1903. Written by Arthur Teutsch, who eventually became a Justizrat in Augsburg, only to be murdered in a concentration camp.
This small document - not even sixty pages long - provides a snapshot of legal considerations in Germany at the turn of the twentieth century. Teutsch's belief that the country in general, and Bavaria specifically, would evolve into a full-blown constitutional state is unmistakable.
In addition to the unbelievable history lesson it contains, we gain a better understanding of the functions of various ministries, and what was happening on the ground as Germany's centuries-long structure changed. Teutsch opens his dissertation with a reminder that two critical ministries - that of Church and Education, as well as of the Royal Family and State - had just collapsed, or better said, had been overthrown.
Teutsch's dissertation also provides valuable resource to those studying "law" under National Socialism. Since Hitler's regime never officially rescinded or replaced the German constitution, Teutsch's arguments regarding the illegality of the excuse, "I was just doing as I was ordered," are especially pertinent.
This volume contains:
- Notes to the translation
- Bavarian political intrigue at the turn of the Twentieth Century
- Who was Arthur Teutsch?
- Yad Vashem pages of testimony, Arthur and Clara Teutsch
- Arthur Teutsch dissertation: Dedication
- Introduction by Teutsch
- Administrative organism
- Subject of responsibility
- Ministerial responsibility prior to the Constitutional Charter
- Ministerial responsibility after May 26, 1818
- Applicable law
- The right to impeach ministers
- Dogmatic representation
- The countersignature
- The defendant
- Articles of impeachment
- The prosecutor
- The State Constitutional Court
- Proceedings and verdict
With heartfelt gratitude to Pete Schwager, Arthur Teutsch's grandson, for pointing us to his grandather's dissertation, and for a life worth living!
ISBN 978-0-9822984-8-0. Printed on acid-free paper. 57 pages plus preface, translator's notes, and bibliography.