KERA's Think Dictators sometimes take power quietly
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Apr 16, 2025 Aziz Huq, a law professor at the University of Chicago and an expert in constitutional law, discusses the gradual rise of authoritarianism, drawing lessons from the Nazis' ascent to power. He examines the complacency of society during the Holocaust and the implications of a 'dual state' in today's governance, where laws are selectively enforced. Huq also addresses controversial pardons related to the January 6th insurrection and explores the resurgence of populism worldwide, emphasizing the need for collective action to safeguard democracy.
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Ernst Frankel's Legal Career
- Ernst Frankel was a Jewish German lawyer who specialized in labor law and representing dissidents under the Nazi regime.
- He benefited from a carve-out allowing WWI Jewish veterans to keep practicing law until fleeing Germany in 1938.
Dual Legal System Explained
- The Nazi regime preserved ordinary law for many cases, calling it the normative state.
- But cases involving Jews or political enemies were pushed to a parallel, arbitrary prerogative state.
Prerogative Power Defined
- Prerogative power means acting without regard for existing laws, bypassing ordinary legal constraints.
- Under the Nazis, this led to party-driven outcomes overriding legal reasoning in certain cases.
