The cross mountain judgement in such a way specified is a judgement of the Prussian higher administrative court from 14 June 1882, with which the court pointed the police force in barriers and which Entpolizeilichung of the public administration introduced.

In the thing it concerned that citizen of Berlin had issued police headquarters a regulation, which approximately forbade around the citizen of Berlin cross mountain to the owners of properties establishing buildings over a certain height. Purpose of this prohibition was to keep free the view on the straight again established cross mountain monument. A building permit had been malfunctioned therefore to the owner of an nearby property, against what it had complained.

The higher administrative court explained the police regulation for ineffective with the argument, the Building Department is only for the protection from dangers responsibly, not however for the keeping of aesthetic interests.

The judgement was in as much innovative as it got straight that stadtplanerische organization does not belong to the tasks of the police. It was politics historical an indication of the end of the police state of absolutist coinage, in whose understanding "„police meant "“as much as "„a good order "“, also including pertinent tasks of welfare (Wohlfahrtspflege). The action field of the police was limited thereby to the task to advance toward illegal actions or conditions; (active) the organization of the social life was malfunctioned it thereby.

See also

• List of the case examples in the jurisprudence
• Permission of advertising pillars by the citizen of Berlin chief of the police 1854

Literature

• The cross mountain judgements of the Prussian higher administrative court, in: DVBl 1985, P. 216-226.

Articles in category "Cross mountain judgement"

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