Abolition of Prussia

The Control Council Law No. 46 is a statute enacted by the Allied Control Council on February 25, 1947 Law on the resolution of the State of Prussia (Official Gazette of the Control Council in Germany p 262). It stands in a series of Control Council laws, which are based on the international law of occupation law.

At the latest by this Act Prussia was also de jure dissolved after its territory was divided after the Second World War and the State had already ceased in fact so widespread view to exist.

Another view according to which the Control Council Law No. 46 has had a purely declaratory nature; the Free State of Prussia had already coming into force of the Law on the Reconstruction of the Reich from the January 30, 1934 ( Reich Law Gazette I, p 75; see Gleichschaltung ) ceased to exist. This view is however countered by that between the existence of Prussia was to differentiate as teilsouveränem ( member ) state and as a legal entity: The Law on the Reconstruction of the Reich took over the countries, only statehood existed as legal subjects the countries thus continue (see also the Lübeck- judgment of the Federal Constitutional Court ).

Impression

The Control Council Law No. 46 is printed in:

• Ernst Rudolf Huber ( ed.): Sources of Constitutional Law of the modern era. Volume 2: German Constitutional Documents of the present ( 1919-1951 ). Matthiesen, Tübingen 1951, pp. 648