General Discussion

QUOTE
…In (footnote number 5) she cites The Dual State by Ernst Fraenkel, a German Jewish labor lawyer who fled the Nazis in 1938. Fraenkel’s book analysed how the Nazis had created two coexistent legal systems.
There was the normative one that kept the economy of Germany running as usual. And then there was the separate legal system that operated alongside it, in which anyone deemed an enemy of the regime was stripped of all rights and subjected to arbitrary violence.
In the footnote, Jackson quotes The Dual States’s description of the way unchecked power is incompatible with the rule of law:

See E Fraenkel, The Dual State, pp xiii, 3, 71 (1941) (describing the way in which the creation of a ‘Prerogative State’ where the Executive ‘exercises unlimited arbitrariness … unchecked by any legal guarantees’ is incompatible with the rule of law)

The footnote is three and a half lines of small print. But its import is booming.
By citing Fraenkel’s work, the justice is drawing a parallel between the drift in jurisprudence that is taking place under the combined actions of Trump and the supreme court, and the legal structure of Nazi Germany.
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