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Chapter 3 lifts the unevaluated Fragebogen off the desks of planners in England and delivers it to American, British, French, and Soviet soldiers operating in Germany. It chronincles the implementation of the questionnaire program, beginning in 1945; how the form was distributed, collected, and evaluated, and what role it played in the larger military occupation. Accessing army field reports, military government records, newspapers, and published and unpublished first-hand accounts, a more intimate history of denazification administration is imparted. It is shown that the questionnaire was an indispensable thorn in the side of the military occupiers, one that pained them at every turn. The Allied armies and German commissions who oversaw the program did not have the expertise, resources, or willingness to see it through to completion. Still, denazification was a hollow shell without the Fragebogen. Most of what was visibly achieved—namely, the removal of thousands of incriminated Nazis from influential employment—was due to this screening device. From the moment invasion soldiers entered Germany, no matter what flag they carried, questionnaires were essential to the occupation regimes.
In the wake of World War II, the victorious Allied armies implemented a radical program to purge Nazism from Germany and preserve peace in Europe. Between 1945 and 1949, 20 million political questionnaires, or Fragebögen, were distributed by American, British, French, and Soviet armies to anxious Germans who had to prove their non-Nazi status to gain employment. Drafted by university professors and social scientists, these surveys defined much of the denazification experience and were immensely consequential to the material and emotional recovery of Germans. In Everyday Denazification in Postwar Germany, Mikkel Dack draws the curtain to reveal what denazification looked like on the ground and in practice and how the highly criticized vetting program impacted the lives of individual Germans and their families as they recovered from the war. Accessing recently declassified documents, this book challenges traditional interpretations by illustrating the positive elements of the denazification campaign and recounting a more comprehensive history, one of mid-level Allied planners, civil affairs soldiers, and regular German citizens. The Fragebogen functions as a window into this everyday history.
The 1997 Thai Constitution explicitly enshrined a key element of proportionality – necessity – as a normative limitation on any legislative interference in a person’s constitutional rights, a first in the country’s history. Since then, the proportionality analysis (PA) has become one of the most essential grounds used by Constitutional Court in constitutional review. Interestingly, even when the country was governed from time to time by the military and ruled under an interim constitution, this doctrine continued to play a vital role as a general principle of Thai constitutional law.More importantly, in 2018, Constitutional Court recently spelled out, for the first time, three elements of PA – suitability, necessity and proportionality stricto sensu or balancing, emphasizing the significance of proportionality as a fundamental principle of the 2017 Constitution.Nevertheless, to date, while there have been about eighty instances of the Thai Constitutional Court applying PA, only on seven occasions were the laws declared unconstitutional for failing PA.This Chapter therefore argues that in Thailand, a legislative measure will most likely pass the proportionality test unless the law is manifestly disproportionate.
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