Note 85 — IV. GENERAL DEVELOPMENT OF GERMAN LAW DURING THE NAZI PERIOD
Reading edition
These articles, contained in part II (“Fundamental Rights and Duties of Germans”) of the Weimar constitution, read:
“Article 114. Personal liberty is inviolable. No encroachment on or deprivation of personal liberty by any public authority is permissible except in virtue of a law.
“Persons, who have been deprived of their liberty, shall be informed—at the latest on the following day—by what authority and on what grounds the deprivation of liberty has been ordered; opportunity shall be given them without delay to make legal complaint against such deprivation.
“Article 115. The residence of every German is an inviolable sanctuary for him; exceptions are admissible only in virtue of laws.
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“Article 117. The secrecy of correspondence and of the postal, telegraph, and telephone services is inviolable. Exceptions may be permitted only by law of the Reich.
“Article 118. Every German has the right, within the limits of general laws, to express his opinion freely, by word of mouth, writing, printed matter or picture, or any other manner. This right must not be affected by any conditions of his work or appointment, and no one is permitted to injure him on account of his making use of such rights.
“No censorship shall be enforced, but restrictive regulations may be introduced by law in reference to cinematograph entertainments. Legal measures are also admissible for the purpose of combating bad and obscene literature, as well as for the protection of youth in public exhibitions and performances.
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“Article 123. All Germans have the right without notification or special permission to assemble peaceably and unarmed.
“Open-air meetings may be made notifiable by a law of the Reich, and in case of direct danger to public security may be forbidden.
“Article 124. All Germans have the right to form unions and associations for purposes not in contravention of the penal laws. This right may not be restricted by preventive regulations. The same provisions apply to religious unions and associations.
“Every union is at liberty to acquire legal rights in accordance with the provisions of the Civil Code. These rights shall not be refused to a union on the ground that its objects are of political, social-political, or religious nature.
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“Article 153. Property is guaranteed by the constitution. Its extent and the restrictions placed upon it are defined by law.
“Expropriation may be effected only for the benefit of the general community and upon the basis of law. It shall be accompanied by due compensation, save insofar as may be otherwise provided by a law of the Reich. In case of dispute as to the amount of compensation, resort may be had to legal proceedings in the ordinary course, unless a law of the Reich otherwise determines. Property of the states, local authorities, and public utility associations may be expropriated by the Reich only on payment of compensation.
“The ownership of property entails obligations. Its use must at the same time serve the common good.”