by all men and women over twenty years of age, in accordance with the
principles of proportional representation. The day for elections must be
a Sunday or a public holiday.
The details will be regulated by the national election law.
ARTICLE 23
The National Assembly is elected for four years. New elections must take
place at the latest on the sixtieth day after its term comes to an end.
The National Assembly convenes at the latest on the thirtieth day after
the election.
ARTICLE 24
The National Assembly meets each year on the first Wednesday in November
at the seat of the National Government. The President of the National
Assembly must call it earlier if the President of the Commonwealth, or at
least one-third of the members of the National Assembly, demand it.
The National Assembly determines the close of its session and the day of
re-assembling.
ARTICLE 25
The President of the Commonwealth may dissolve the National Assembly, but
only once for the same cause.
The new election occurs at the latest on the sixtieth day after such
dissolution.
ARTICLE 26
The National Assembly chooses its President, Vice-President and its
Secretaries. It regulates its own procedure.
ARTICLE 27
During the interval between sessions, or while elections are taking
place, the President and Vice-President of the preceding session conduct
its affairs.
ARTICLE 28
The President administers the regulations and policing of the National
Assembly building. The management of the building is subject to his
direction; he controls its receipts and expenses in accordance with the
provisions of the budget, and represents the Commonwealth in all legal
affairs and in litigation arising during his administration.
ARTICLE 29
The proceedings of the National Assembly are public. At the request of
fifty members the public may be excluded by a two-thirds vote.
ARTICLE 30
True and accurate reports of the proceedings in public sittings of the
National Assembly, of a State Assembly, or of their committees, are
absolutely privileged.
ARTICLE 31
An Electoral Commission to decide disputed elections will be organized
in connection with the National Assembly. It will also decide whether a
delegate has forfeited his seat.
The Electoral Commission consists of members of the National Assembly,
chosen by the latter for the life of the Assembly, and of members of the
National Administrative Court, to be appointed by the President of the
Commonwealth on the nomination of the presidency of this court.
This Electoral Commission pronounces judgment after public hearings
through a quorum of three members of the National Assembly and two
judicial members.
Proceedings apart from the hearings before the Electoral Commission will
be conducted by a National Commissioner appointed by the President of the
Commonwealth. In other respects the procedure will be regulated by the
Electoral Commission.
ARTICLE 32
The National Assembly acts by majority vote unless otherwise provided in
the Constitution. For the conduct of elections by the National Assembly
it may, in its rules of procedure, make exceptions.
The quorum to do business will be regulated by the rules of procedure.
ARTICLE 33
The National Assembly and its committees may require the presence of the
National Chancellor and of any National Minister.
The National Chancellor, the National Ministers, and Commissioners
designated by them, have the right to be present at the sittings of the
National Assembly and of its committees. The States are entitled to send
their plenipotentiaries to these sittings to submit the views of their
Cabinets on matters under consideration.
At their request the representatives of the Cabinets shall be heard
during the deliberations, and the representatives of the National Cabinet
shall be heard even outside the regular order of business.
They are subject to the authority of the presiding officer in matters of
order.
ARTICLE 34
The National Assembly has the right, and, on proposal of one-fifth of
its members, the duty to appoint committees of investigation. These
committees, in public sittings, inquire into the evidence which they,
or the proponents, consider necessary. The public may be excluded by a
two-thirds vote of the committee of investigation. The rules of procedure
regulate the proceedings of the committee and determine the number of its
members.
The judicial and administrative authorities are required to comply with
requests by these committees for information, and the record of the
authorities shall on request be submitted to them.
The provisions of the code of criminal procedure apply as far as is
suitable to the inquiries of these committees and of the authorities
assisting them, but the secrecy of letter and other post, telegraph, and
telephone services will remain inviolate.
ARTICLE 35
The National Assembly appoints a Standing Committee on foreign affairs
which may also act outside of the sittings of the National Assembly
and after its expiration or dissolution until a new National Assembly
convenes. Its sittings are not public, unless the committee by a
two-thirds vote otherwise provides.
The National Assembly also appoints a Standing Committee for the
protection of the rights of the representatives of the People against the
National Cabinet during a recess and after the expiration of the term for
which it was elected.
These committees have the rights of committees of investigation.
ARTICLE 36
No member of the National Assembly or of a State Assembly shall at any
time whatsoever be subject to any judicial or disciplinary prosecution
or be held responsible outside of the House to which he belongs on
account of his vote or his opinions uttered in the performance of his
duty.
ARTICLE 37
No member of the National Assembly or of a State Assembly shall during
the session, without the consent of the House to which he belongs, be
subject to investigation or arrest on account of any punishable offence,
unless he is caught in the act, or apprehended not later than the
following day.
Similar consent is required in the case of any other restraint of
personal liberty which interferes with the performance by a delegate of
his duties.
Any criminal proceeding against a member of the National Assembly or of a
State Assembly, and any arrest or other restraint of his personal liberty
shall, at the demand of the House to which he belongs, be suspended for
the duration of the session.
ARTICLE 38
The members of the National Assembly and the State Assemblies are
entitled to refuse to give evidence concerning persons who have given
them information in their official capacity, or to whom they have given
information in the performance of their official duties, or concerning
the information itself. In regard also to the seizure of papers their
position is the same as that of persons who have by law the right to
refuse to give evidence.
A search or seizure may be proceeded with in the precincts of the
National Assembly or of a State Assembly only with the consent of its
President.
ARTICLE 39
Civil officers and members of the armed forces need no leave to perform
their duties as members of the National Assembly or of a State Assembly.
If they become candidates for election to these bodies, the necessary
leave shall be granted them to prepare for their election.
ARTICLE 40
The members of the National Assembly shall have the right of free
transportation over all German railroads, and also compensation as fixed
by national law.
_SECTION III_
THE NATIONAL PRESIDENT AND THE NATIONAL CABINET
ARTICLE 41
The National President is chosen by the whole German People.
Every German who has completed his thirty-fifth year is eligible for
election.
The details will be regulated by a national law.
ARTICLE 42
The National President, on assuming his office, takes before the National
Assembly the following oath:
_I swear to devote all my energy to the welfare of the German
People, to increase their prosperity, to protect them from
injury, to preserve the Constitution and the laws of the
Commonwealth, to perform my duties conscientiously, and to deal
justly with all._
The addition of a religious affirmation is permitted.
ARTICLE 43
The term of the National President is seven years. He is eligible for
re-election.
The President may be removed before the end of his term by vote of the
People on proposal of the National Assembly. The act of the National
Assembly in such case requires a two-thirds majority vote. Upon such
action the President is suspended from further exercise of his office.
A refusal by the People to remove the President has the effect of a new
election and entails the dissolution of the National Assembly.
The National President shall not be subject to criminal prosecution
without the consent of the National Assembly.
ARTICLE 44
The National President may not at the same time be a member of the
National Assembly.
ARTICLE 45
The National President represents the Commonwealth in matters of
international law. He concludes in the name of the Commonwealth,
alliances and other treaties with foreign powers. He accredits and
receives ambassadors.
War is declared and peace concluded by national law.
Alliances and treaties with foreign States, relating to subjects within
the jurisdiction of the Commonwealth, require the consent of the National
Assembly.
ARTICLE 46
The President appoints and dismisses the civil and military officers of
the Commonwealth if not otherwise provided by law. He may delegate this
right of appointment or dismissal to other authorities.
ARTICLE 47
The National President has supreme command over all the armed forces of
the Commonwealth.
ARTICLE 48
If any State does not perform the duties imposed upon it by the
Constitution or by national laws, the National President may hold it to
the performance thereof by force of arms.
If public safety and order in the German Commonwealth is materially
disturbed or endangered, the National President may take the necessary
measures to restore public safety and order, and, if necessary, to
intervene by force of arms. To this end he may temporarily suspend, in
whole or in part, the fundamental rights established in Articles 114,
115, 117, 118, 123, 124 and 153.
The National President must immediately inform the National Assembly of
all measures adopted by authority of Paragraphs 1 or 2 of this Article.
These measures shall be revoked at the demand of the National Assembly.
If there is danger from delay, the State Cabinet may for its own
territory take provisional measures as specified in Paragraph 2. These
measures shall be revoked at the demand of the National President or of
the National Assembly.
The details will be regulated by a national law.
ARTICLE 49
The National President exercises the right of pardon for the Commonwealth.
National amnesties require a national law.
ARTICLE 50
All orders and directions of the National President, including
those concerning the armed forces, require for their validity the
countersignature of the National Chancellor or of the appropriate
National Minister. By the countersignature responsibility is assumed.
ARTICLE 51
The National President is represented temporarily in case of disability
by the National Chancellor. If such disability seems likely to continue
for any considerable period, he shall be represented as may be determined
by a national law.
The same procedure shall be followed in case of a premature vacancy of
the Presidency until the completion of the new election.
ARTICLE 52
The National Cabinet consists of the National Chancellor and the National
Ministers.
ARTICLE 53
The National Chancellor and, on his proposal, the National Ministers are
appointed and dismissed by the National President.
ARTICLE 54
The National Chancellor and the National Ministers require for the
administration of their offices the confidence of the National Assembly.
Each of them must resign if the National Assembly by formal resolution
withdraws its confidence.
ARTICLE 55
The National Chancellor presides over the National Cabinet and conducts
its affairs in accordance with rules of procedure, which will be framed
by the National Cabinet and approved by the National President.
ARTICLE 56
The National Chancellor determines the general course of policy and
assumes responsibility therefor to the National Assembly. In accordance
with this general policy each National Minister conducts independently
the particular affairs intrusted to him and is held individually
responsible to the National Assembly.
ARTICLE 57
The National Ministers shall submit to the National Cabinet for
consideration and decision all drafts of bills and other matters for
which this procedure is prescribed by the Constitution or by law, as well
as differences of opinion over questions which concern the departments of
several National Ministers.
ARTICLE 58
The National Cabinet will make its decisions by majority vote. In case of
a tie the vote of the presiding officer will be decisive.
ARTICLE 59
The National Assembly is empowered to impeach the National President,
the National Chancellor, and the National Ministers before the Supreme
Judicial Court of the German Commonwealth for any wrongful violation
of the Constitution or laws of the Commonwealth. The proposal to bring
an impeachment must be signed by at least one hundred members of the
National Assembly and requires the approval of the majority prescribed
for amendments to the Constitution. The details will be regulated by the
national law relating to the Supreme Judicial Court.
_SECTION IV_
THE NATIONAL COUNCIL
ARTICLE 60
A National Council will be organized to represent the German States in
national legislation and administration.
ARTICLE 61
In the National Council each State has at least one vote. In the case of
the larger States one vote is accorded for every million inhabitants. Any
excess equal at least to the population of the smallest State is reckoned
as equivalent to a full million. No State shall be accredited with more
than two-fifths of all votes.
[German-Austria after its union with the German Commonwealth will
receive the right of participation in the National Council with the
number of votes corresponding to its population. Until that time the
representatives of German-Austria have a deliberate voice.][71]
The number of votes is determined anew by the National Council after
every general census.
ARTICLE 62
In committees formed by the National Council from its own members no
State will have more than one vote.
ARTICLE 63
The States will be represented in the National Council by members of
their Cabinets. Half of the Prussian votes, however, will be at the
disposal of the Prussian provincial administrations in accordance with a
State law.
The States have the right to send as many representatives to the National
Council as they have votes.
ARTICLE 64
The National Cabinet must summon the National Council on demand by
one-third of its members.
ARTICLE 65
The chairmanship of the National Council and of its committees is filled
by a member of the National Cabinet. The members of the National Cabinet
have the right and on request [of the National Council] the duty to take
part in the proceedings of the National Council and its committees. They
must at their request be heard at any time during its deliberations.
ARTICLE 66
The National Cabinet, as well as every member of the National Council, is
entitled to make proposals in the National Council.
The National Council regulates its order of business through rules of
procedure.
The plenary sittings of the National Council are public. In accordance
with the rules of procedure the public may be excluded during the
discussion of particular subjects.
Decisions are taken by a majority of those present.
ARTICLE 67
The National Council shall be kept informed by the National Departments
of the conduct of national business. At deliberations on important
subjects the appropriate committees of the National Council shall be
summoned by the National Departments.
_SECTION V_
NATIONAL LEGISLATION
ARTICLE 68
Bills are introduced by the National Cabinet or by members of the
National Assembly.
National laws are enacted by the National Assembly.
ARTICLE 69
The introduction of bills by the National Cabinet requires the
concurrence of the National Council. If an agreement between the National
Cabinet and the National Council is not reached, the National Cabinet
may nevertheless introduce the bill, but must state the dissent of the
National Council.
If the National Council resolves upon a bill to which the National
Cabinet does not assent, the latter must introduce the bill in the
National Assembly together with a statement of its attitude.
ARTICLE 70
The National President shall compile the laws which have been
constitutionally enacted and within one month publish them in the
National Bulletin of Laws.
ARTICLE 71
National laws go into effect, unless otherwise specified, on the
fourteenth day following the date of their publication in the National
Bulletin of Laws at the national capital.
ARTICLE 72
The promulgation of a national law may be deferred for two months, if
one-third of the National Assembly so demands. Laws which the National
Assembly and the National Council declare to be urgent may be promulgated
by the National President regardless of this demand.
ARTICLE 73
A law enacted by the National Assembly shall be referred to the People
before its promulgation, if the National President so orders within a
month.
A law whose promulgation is deferred at the demand of at least
one-third of the National Assembly shall be submitted to the People, if
one-twentieth of the qualified voters so petition.
A popular vote shall further be resorted to on a measure initiated by
the People if one-tenth of the qualified voters so petition. A fully
elaborated bill must accompany such petition. The National Cabinet
shall lay the bill together with a statement of its attitude before the
National Assembly. The popular vote does not take place if the desired
bill is enacted without amendment by the National Assembly.
A popular vote may be taken on the budget, tax laws, and laws relating to
the classification and payment of public officers only by authority of
the National President.
The procedure in connection with the popular referendum and initiative
will be regulated by national law.
ARTICLE 74
The National Council has the right to object to laws passed by the
National Assembly.
The objection must be filed with the National Cabinet within two weeks
after the final vote in the National Assembly and must be supported by
reasons within two more weeks at the latest.
In case of objection, the law is returned to the National Assembly for
reconsideration. If an agreement between the National Assembly and the
National Council is not reached, the National President may within three
months refer the subject of the dispute to the People. If the President
makes no use of this right, the law does not go into effect. If the
National Assembly disapproves by a two-thirds majority the objection of
the National Council, the President shall promulgate the law in the form
enacted by the National Assembly within three months or refer it to the
People.
ARTICLE 75
An act of the National Assembly may be annulled by a popular vote, only
if a majority of those qualified take part in the vote.
ARTICLE 76
The Constitution may be amended by process of legislation. But acts of
the National Assembly relating to the amendment of the Constitution are
effective only if two-thirds of the legal membership are present, and at
least two-thirds of those present give their assent. Acts of the National
Council relating to the amendment of the Constitution also require
a two-thirds majority of all the votes cast. If an amendment to the
Constitution is to be adopted by the People by popular initiative, the
assent of a majority of the qualified voters is required.
If the National Assembly adopts an amendment to the Constitution against
the objection of the National Council, the President may not promulgate
this law, if the National Council within two weeks demands a popular vote.
ARTICLE 77
The National Cabinet issues the general administrative regulations
necessary for the execution of the national laws so far as the laws
do not otherwise provide. It must secure the assent of the National
Council if the execution of the national laws is assigned to the State
authorities.
_SECTION VI_
THE NATIONAL ADMINISTRATION
ARTICLE 78
The conduct of relations with foreign countries is exclusively a function
of the Commonwealth.
The States, in matters subject to their jurisdiction, may conclude
treaties with foreign countries; such treaties require the assent of the
Commonwealth.
Agreements with foreign countries regarding changes of national
boundaries will be concluded by the Commonwealth with the consent of the
State concerned. Changes of boundaries may be made only by authority of a
national law, except in cases where a mere adjustment of the boundaries
of uninhabited districts is in question.
To assure the representation of interests arising from the special
economic relations of individual States to foreign countries or from
their proximity to foreign countries, the Commonwealth determines
the requisite arrangements and measures in agreement with the States
concerned.
ARTICLE 79
The national defence is a function of the Commonwealth. The organization
of the German People for defence will be uniformly regulated by a
national law with due consideration for the peculiarities of the people
of the separate States.
ARTICLE 80
Colonial policy is exclusively a function of the Commonwealth.
ARTICLE 81
All German merchant ships constitute a unified merchant marine.
ARTICLE 82
Germany forms a customs and trade area surrounded by a common customs
boundary.
The customs boundary is identical with the international boundary. At
the seacoast the shore of the mainland and of the islands belonging to
the national territory constitutes the customs boundary. Deviations may
be made for the course of the customs boundary at the ocean and at other
bodies of water.
Foreign territories or parts of territories may be incorporated in the
customs area by international treaties or agreements.
Portions of territory may be excluded from the customs area in accordance
with special requirements. In the case of free ports this exclusion may
be discontinued only by an amendment to the Constitution.
Districts excluded from the customs area may be included within a foreign
customs area by international treaties or agreements.
All products of nature or industry, as well as works of art, which are
subjects of free commerce within the Commonwealth, may be transported
in any direction across State and municipal boundaries. Exceptions are
permissible by authority of national law.
ARTICLE 83
Customs duties and taxes on articles of consumption are administered by
the national authorities.
In connection with national tax administration by the national
authorities, arrangements shall be provided which will enable the States
to protect their special agricultural, commercial, trade and industrial
interests.
ARTICLE 84
The Commonwealth has authority to regulate by law:
1. The organization of the State tax administrations so far as is
required for the uniform and impartial execution of the national tax laws;
2. The organization and functions of the authorities charged with the
supervision of the execution of the national tax laws;
3. The accounting with the States;
4. The reimbursement of the costs of administration in connection with
the execution of the national tax laws.
ARTICLE 85
All revenues and expenditures of the Commonwealth must be estimated for
each fiscal year and entered in the budget.
The budget is adopted by law before the beginning of the fiscal year.
Appropriations are ordinarily granted for one year; in special cases
they may be granted for a longer period. Otherwise, provisions extending
beyond the fiscal year or not relating to the national revenues and
expenditures or their administration, are inadmissible in the national
budget law.
The National Assembly may not increase appropriations in the budget bill
or insert new items without the consent of the National Council.
The consent of the National Council may be dispensed with in accordance
with the provisions of Article 74.
ARTICLE 86
In the following fiscal year the National Minister of Finance will
submit to the National Council and to the National Assembly an account
concerning the disposition of all national revenue so as to discharge the
responsibility of the National Cabinet. The auditing of this account will
be regulated by national law.
ARTICLE 87
Funds may be procured by borrowing only in case of extraordinary need
and in general for expenditures for productive purposes only. Such
procurement of funds as well as the assumption by the Commonwealth of any
financial obligation is permissible only by authority of a national law.
ARTICLE 88
The postal and telegraph services, together with the telephone service,
are exclusively functions of the Commonwealth.
The postage stamps are uniform for the whole Commonwealth.
The National Cabinet, with the consent of the National Council, issues
the regulations prescribing the conditions and charges for the use of the
means of communication. With the consent of the National Council it may
delegate this authority to the Postmaster General.
The National Cabinet, with the consent of the National Council,
establishes an advisory council to co-operate in deliberations concerning
the postal, telegraph and telephone services and rates.
The Commonwealth alone concludes treaties relating to communication with
foreign countries.
ARTICLE 89
It is the duty of the Commonwealth to acquire ownership of the railroads
which serve as means of general public communication, and to operate them
as a single system of transportation.
The rights of the States to acquire private railroads shall be
transferred to the Commonwealth on its demand.
ARTICLE 90
With the taking over of the railroads the Commonwealth also acquires the
right of expropriation and the sovereign powers of the States pertaining
to railroad affairs. The Supreme Judicial Court decides controversies
relating to the extent of these rights.
ARTICLE 91
The National Cabinet, with the consent of the National Council, issues
the regulations governing the construction, operation and traffic of
railroads. With the consent of the National Council it may delegate this
authority to the appropriate national minister.
ARTICLE 92
The national railroads, irrespective of the incorporation of their budget
and accounts in the general budget and accounts of the Commonwealth,
shall be administered as an independent economic enterprise which shall
defray its own expenses, including interest and the amortization of the
railroad debt, and accumulate a railroad reserve fund. The amount of the
amortization and of the reserve fund, as well as the purpose to which the
reserve fund may be applied, shall be regulated by special law.
ARTICLE 93
The National Cabinet with the consent of the National Council establishes
advisory councils for the national railroads to co-operate in
deliberations concerning railroad service and rates.
ARTICLE 94
If the Commonwealth takes over the operation of railroads which serve
as means of general public communication in any district, additional
railroads to serve as means of general public communication within this
district may only be built by the Commonwealth or with its consent. If
new construction or the alteration of existing national railroad systems
encroaches upon the sphere of authority of the State police, the national
railroad administration, before its decision, shall grant a hearing to
the State authorities.
Where the Commonwealth has not yet taken over the operation of the
railroads, it may lay out on its own account by virtue of national
law railroads deemed necessary to serve as means of general public
communication or for the national defence, even against the opposition
of the States, whose territory they will traverse, without, however,
impairing the sovereign powers of the States, or it may turn over the
construction to another to execute, together with a grant of the right of
expropriation if necessary.
Each railroad administration must consent to connection with other roads
at the expense of the latter.
ARTICLE 95
Railroads serving as means of general public communication which are
not operated by the Commonwealth are subject to supervision by the
Commonwealth.
The railroads subject to national supervision shall be laid out and
equipped in accordance with uniform standards established by the
Commonwealth. They shall be maintained in safe operating condition and
developed according to the requirements of traffic. Facilities and
equipment for passenger and freight traffic shall be maintained and
developed in keeping with the demand.
The supervision of rates is designed to secure non-discriminatory and
moderate railroad charges.
ARTICLE 96
All railroads, including those not serving as means of general public
communication, must comply with the requirements of the Commonwealth so
far as concerns the use of the roads for purposes of national defence.
ARTICLE 97
It is the duty of the Commonwealth to acquire ownership of and to operate
all waterways serving as means of general public communication.
After they have been taken over, waterways serving as means of general
public communication may be constructed or extended only by the
Commonwealth or with its consent.
In the administration, development, or construction of such waterways
the requirements of agriculture and water-supply shall be protected in
agreement with the States. Their improvement shall also be considered.
Each waterways administration shall consent to connection with other
inland waterways at the expense of the latter. The same obligation
exists for the construction of a connection between inland waterways and
railroads.
In taking over the waterways the Commonwealth acquires the right of
expropriation, control of rates, and the police power over waterways and
navigation.
The duties of the river improvement associations in relation to the
development of natural waterways in the Rhine, Weser, and Elbe basins
shall be assumed by the Commonwealth.
ARTICLE 98
Advisory national waterways councils will be formed in accordance with
detailed regulations issued by the National Cabinet with the consent of
the National Council to co-operate in the management of the waterways.
ARTICLE 99
Charges may be imposed on natural waterways only for such works,
facilities, and other accommodations as are designed for the relief
of traffic. In the case of state and municipal public works they may
not exceed the necessary costs of construction and maintenance. The
construction and maintenance costs of works designed not exclusively
for the relief of traffic, but also for serving other purposes, may be
defrayed only to a proportionate extent by navigation tolls. Interest and
amortization charges on the invested capital are included in the costs of
construction.
The provisions of the preceding paragraph apply to the charges imposed
for artificial waterways and for accommodations in connection therewith
and in harbours.
The total costs of a waterway, a river basin, or a system of waterways
may be taken into consideration in determining navigation tolls in the
field of inland water transportation.
These provisions apply also to the floating of timber on navigable
waterways.
Only the Commonwealth imposes on foreign ships and their cargoes other or
higher charges than on German ships and their cargoes.
For the procurement of means for the maintenance and development of
the German system of waterways the Commonwealth may by law call on the
shipping interests for contributions also in other ways [than by tolls].
ARTICLE 100
To cover the cost of maintenance and construction of inland navigation
routes any person or body of persons who in other ways than through
navigation derives profit from the construction of dams may also be
called upon by national law for contributions, if several States are
involved or the Commonwealth bears the costs of construction.
ARTICLE 101
It is the duty of the Commonwealth to acquire ownership of and to operate
all aids to navigation, especially lighthouses, lightships, buoys,
floats and beacons. After they are taken over, aids to navigation may be
installed or extended only by the Commonwealth or with its consent.
_SECTION VII_
THE ADMINISTRATION OF JUSTICE
ARTICLE 102
Judges are independent and subject only to the law.
ARTICLE 103
Ordinary jurisdiction will be exercised by the National Judicial Court
and the courts of the States.
ARTICLE 104
Judges of ordinary jurisdiction are appointed for life. They may against
their wishes be permanently or temporarily removed from office, or
transferred to another position, or retired, only by virtue of a judicial
decision and for the reasons and in the forms provided by law. The law
may fix an age limit on reaching which judges may be retired.
Temporary suspension from office in accordance with law is not affected
by this Article.
If there is a reorganization of the courts or of the judicial districts,
the State department of justice may order involuntary transfers to
another court or removal from office, but only with allowance of full
salary.
These provisions do not apply to judges of commercial tribunals, lay
associates, and jurymen.
ARTICLE 105
Extraordinary courts are illegal. No one may be removed from the
jurisdiction of his lawful judge. Provisions of law relating to military
courts and courts-martial are not affected hereby. Military courts of
honour are abolished.
ARTICLE 106
Military jurisdiction is abolished except in time of war and on board
war-vessels. Details will be regulated by national law.
ARTICLE 107
There shall be administrative courts both in the Commonwealth and in the
States, in accordance with the laws, to protect the individual against
orders and decrees of administrative authorities.
ARTICLE 108
In accordance with a national law a Supreme Judicial Court will be
established for the German Commonwealth.
PART TWO
Fundamental Rights and Duties of Germans
_SECTION I_
THE INDIVIDUAL
ARTICLE 109
All Germans are equal before the law.
Men and women have fundamentally the same civil rights and duties.
Privileges or discriminations due to birth or rank and recognized by law
are abolished. Titles of nobility will be regarded merely as part of the
name and may not be granted hereafter.
Titles may be conferred only when they designate an office or profession;
academic degrees are not affected by this provision.
Orders and honorary insignia may not be conferred by the state.
No German may accept a title or order from a foreign Government.
ARTICLE 110
Citizenship in the Commonwealth and in the States will be acquired and
lost in accordance with the provisions of a national law. Every citizen
of a State is at the same time a citizen of the Commonwealth.
Every German has the same rights and duties in each State of the
Commonwealth as the citizens of that State.
ARTICLE 111
All Germans enjoy the right to travel and reside freely throughout the
whole Commonwealth. Every one has the right of sojourn and settlement
in any place within the Commonwealth, the right to acquire land and to
pursue any gainful occupation. No limitations may be imposed except by
authority of a national law.
ARTICLE 112
Every German has the right to emigrate to foreign countries. Emigration
may be limited only by national law.
All German citizens, both within and without the territory of the
Commonwealth, have a right to its protection with respect to foreign
countries.
No German may be surrendered to a foreign Government for prosecution or
punishment.
ARTICLE 113
Those elements of the People which speak a foreign language may not be
interfered with by legislative or administrative action in their free
and characteristic development, especially in the use of their mother
tongue in the schools or in matters of internal administration and the
administration of justice.
ARTICLE 114
Personal liberty is inviolable. An interference with or abridgement of
personal liberty through official action is permissible only by authority
of law.
Persons, who are deprived of their liberty, shall be informed at latest
on the following day by what authority and on what grounds they have been
deprived of liberty, and they shall without delay receive an opportunity
to present objections against such loss of liberty.
ARTICLE 115
The house of every German is his sanctuary and is inviolable. Exceptions
are permissible only by authority of law.
ARTICLE 116
An act can be punishable only if the penalty was fixed by law before the
act was committed.
ARTICLE 117
The secrecy of postal, telegraphic, and telephonic communications is
inviolable. Exceptions may be permitted only by national law.
ARTICLE 118
Every German has a right within the limits of the general laws to express
his opinion freely by word, in writing, in print, by picture, or in any
other way. No relationship arising out of his employment may hinder him
in the exercise of this right, and no one may discriminate against him if
he makes use of this right.
There is no censorship, although exceptional provisions may be made by
law in the case of moving pictures. Legal measures are also permissible
for combating obscene and indecent literature as well as for the
protection of youth at public plays and spectacles.
_SECTION II_
COMMUNITY LIFE
ARTICLE 119
Marriage, as the foundation of family life and of the maintenance
and increase of the nation, is under the special protection of the
Constitution. It is based on the equal rights of both sexes.
The maintenance of the purity, the health, and the social advancement of
the family is the task of the state and of the municipalities. Families
with numerous children have a claim to equalizing assistance.
Motherhood has a claim to the protection and care of the State.
ARTICLE 120
The physical, mental, and moral education of their offspring is the
highest duty and the natural right of parents, whose activities are
supervised by the political community.
ARTICLE 121
Illegitimate children shall be provided by law with the same
opportunities for their physical, mental, and moral development as
legitimate children.
ARTICLE 122
Youth shall be protected against exploitation as well as against neglect
of their moral, mental, or physical welfare. The necessary arrangements
shall be made by state and municipality.
Compulsory protective measures may be ordered only by authority of the
law.
ARTICLE 123
All Germans have the right of meeting peaceably and unarmed without
notice or special permission.
Previous notice may be required by national law for meetings in the open,
and such meetings may be forbidden in case of immediate danger to the
public safety.
ARTICLE 124
All Germans have the right to form associations or societies for purposes
not contrary to the criminal law. This right can not be limited by
preventive measures. The same provisions apply to religious associations
and societies.
Every association has the right of incorporation in accordance with the
civil law. No association may be denied this right on the ground that it
pursues a political, social-political, or religious object.
ARTICLE 125
The liberty and secrecy of the suffrage are guaranteed. Details will be
regulated by the election laws.
ARTICLE 126
Every German has the right to petition or to complain in writing to the
appropriate authorities or to the representatives of the People. This
right may be exercised by individuals as well as by several persons
together.
ARTICLE 127
Municipalities and unions of municipalities have the right of
self-government within the limits of the laws.
ARTICLE 128
All citizens without distinction are eligible for public office in
accordance with the laws and according to their ability and services.
All discriminations against women in the civil service are abolished.
The principles of the official relation shall be regulated by national
law.
ARTICLE 129
Civil officers are appointed for life, in so far as is not otherwise
provided by law. Pensions and provisions for surviving dependents will
be regulated by law. The duly acquired rights of the civil officers are
inviolable. Claims of civil officers based upon property rights may be
established by process of law.
Civil officers may be suspended, temporarily or permanently retired, or
transferred to other positions at a smaller salary only under the legally
prescribed conditions and forms.
A process of appeal against disciplinary sentence and opportunity for
reconsideration shall be established. Reports of an unfavorable character
concerning a civil officer shall not be entered in his official record,
until he has had the opportunity to express himself. Civil officers shall
also be permitted to inspect their official records.
The inviolability of the duly acquired rights and the benefit of legal
processes for the establishment of claims based on property rights are
also assured especially to regular soldiers. In other respects their
position is regulated by national law.
ARTICLE 130
The civil officers are servants of the whole community, not of a part of
it.
To all civil officers freedom of political opinion and of association are
assured.
The civil officers receive special representation in their official
capacity in accordance with more precise provisions of national law.
ARTICLE 131
If a civil officer in the exercise of the authority conferred upon him
by law fails to perform his official duty toward any third person, the
responsibility is assumed by the state or public corporation in whose
service the officer is. The right of redress [by the state or public
corporation] against the officer is reserved. The ordinary process of law
may not be excluded.
Detailed regulations will be made by the appropriate law-making authority.
ARTICLE 132
Every German, in accordance with the laws, has the duty of accepting
honorary offices.
ARTICLE 133
All citizens are obliged, in accordance with the laws, to render personal
services to the state and the municipality.
The duty of military service will be defined in accordance with the
provisions of the national defence law. This will determine also how far
particular fundamental rights shall be restricted in their application to
the members of the armed forces in order that the latter may fulfil their
duties and discipline may be maintained.
ARTICLE 134
All citizens, without distinction, contribute according to their means to
the support of all public burdens, as may be provided by law.
_SECTION III_
RELIGION AND RELIGIOUS SOCIETIES
ARTICLE 135
All inhabitants of the Commonwealth enjoy complete liberty of belief and
conscience. The free exercise of religion is assured by the Constitution
and is under public protection. This Article leaves the general laws
undisturbed.
ARTICLE 136
Civil and political rights and duties are neither conditioned upon nor
limited by the exercise of religious liberty.
The enjoyment of civil and political rights as well as eligibility to
public office is independent of religious belief.
No one is under any obligation to reveal his religious convictions.
The authorities have a right to inquire about religious affiliation only
so far as rights and duties are dependent thereon or in pursuance of a
statistical enumeration prescribed by law.
No one may be forced to attend any church ceremony or festivity, to take
part in any religious exercise, or to make use of any religious oath.
ARTICLE 137
There is no state church.
Freedom of association in religious societies is guaranteed. The
combination of religious societies within the Commonwealth is not subject
to any limitations.
Every religious society regulates and administers its affairs
independently within the limits of the general law. It appoints its
officers without interference by the state or the civil municipality.
Religious societies may be incorporated in accordance with the general
provisions of the civil law.
Existing religious societies remain, to the same extent as heretofore,
public bodies corporate. The same rights shall be accorded to other
religious societies if by their constitution and the number of their
members they offer a guaranty of permanence. If a number of such public
religious societies unite, this union is also a public body corporate.
The religious societies, which are recognized by law as bodies corporate,
are entitled on the basis of the civil tax rolls to raise taxes according
to the provisions of the laws of the respective States.
The associations, which have as their aim the cultivation of a system of
ethics, have the same privileges as the religious societies.
The issuance of further regulations necessary for carrying out these
provisions comes under the jurisdiction of the States.
ARTICLE 138
State contributions to religious societies authorized by law, contract,
or any special grant, will be commuted by State legislation. The general
principles of such legislation will be defined by the Commonwealth.
The property of religious societies and unions and other rights to their
cultural, educational, and charitable institutions, foundations, and
other possessions are guaranteed.
ARTICLE 139
Sundays and legal holidays remain under the protection of law as days of
rest and spiritual edification.
ARTICLE 140
The members of the armed forces shall be granted the necessary leave for
the performance of their religious duties.
ARTICLE 141
In so far as there is need for religious services and spiritual care in
hospitals, prisons or other public institutions, the religious societies
shall be permitted to perform the religious offices, but all compulsion
shall be avoided.
_SECTION IV_
EDUCATION AND SCHOOLS
ARTICLE 142
Art, science and the teaching thereof are free. The state guarantees
their protection and takes part in fostering them.
ARTICLE 143
The education of the young shall be provided for through public
institutions. In their establishment the Commonwealth, States and
municipalities co-operate.
The training of teachers shall be regulated in a uniform manner for the
Commonwealth according to the generally recognized principles of higher
education.
The teachers in the public schools have the rights and duties of state
officers.
ARTICLE 144
The entire school system is under the supervision of the state; it may
grant a share therein to the municipalities. The supervision of schools
will be exercised by technically trained officers who must devote their
time principally to this duty.
ARTICLE 145
Attendance at school is obligatory. This obligation is discharged by
attendance at the elementary schools for at least eight school years
and at the continuation schools until the completion of the eighteenth
year. Instruction and school supplies in the elementary and continuation
schools are free.
ARTICLE 146
The public school system shall be systematically organized. Upon a
foundation of common elementary schools the system of secondary and
higher education is erected. The development of secondary and higher
education shall be determined in accordance with the needs of all kinds
of occupations, and the acceptance of a child in a particular school
shall depend upon his qualifications and inclinations, not upon the
economic and social position or the religion of his parents.
Nevertheless, within the municipalities, upon the petition of those
entitled to instruction common schools shall be established of their
faith or ethical system, in so far as this does not interfere with a
system of school administration within the meaning of Paragraph 1. The
wishes of those entitled to instruction shall be considered as much as
possible. Details will be regulated by State laws in accordance with
principles to be prescribed by a national law.
To facilitate the attendance of those in poor circumstances at the
secondary and higher schools, public assistance shall be provided by the
Commonwealth, States, and municipalities, particularly, assistance to the
parents of children regarded as qualified for training in the secondary
and higher schools, until the completion of the training.
ARTICLE 147
Private schools, as a substitute for the public schools, require the
approval of the state and are subject to the laws of the States.
Approval shall be granted if the private schools do not fall below the
public schools in their educational aims and equipment as well as in
the scientific training of their teachers, and if no separation of the
pupils according to the wealth of their parents is fostered. Approval
shall be withheld if the economic and legal status of the teachers is not
sufficiently assured.
Private elementary schools shall be only permissible, if for a minority
of those entitled to instruction whose wishes are to be considered
according to Article 146, Paragraph 2, there is no public elementary
school of their faith or ethical system in the municipality, or if the
educational administration recognizes a special pedagogical interest.
Private preparatory schools shall be abolished.
The existing law remains in effect with respect to private schools which
do not serve as substitutes for public schools.
ARTICLE 148
All schools shall inculcate moral education, civic sentiment, and
personal and vocational efficiency in the spirit of German national
culture and of international conciliation.
In the instruction in public schools care shall be taken not to hurt the
feelings of those of differing opinion.
Civics and manual training are included in the school curriculum. Every
pupil receives a copy of the Constitution on completing the obligatory
course of study.
The common school system, including university extension work, shall be
cherished by the Commonwealth, States and municipalities.
ARTICLE 149
Religious instruction is included in the regular school curriculum,
except in the nonsectarian (secular) schools. The imparting of religious
instruction is regulated by the school laws. Religious instruction is
imparted in accordance with the principle of the religious society
concerned, without prejudice to the right of supervision of the state.
The imparting of religious instruction and the use of ecclesiastical
ceremonies is optional with the teachers, and the participation of
the pupils in religious studies and in ecclesiastical ceremonies and
festivities is left to the decision of those who have the right to
control the religious education of the child.
The theological faculties in the universities will be continued.
ARTICLE 150
The artistic, historical and natural monuments and scenery enjoy the
protection and care of the state.
The prevention of the removal of German art treasures from the country is
a function of the Commonwealth.
_SECTION V_
ECONOMIC LIFE
ARTICLE 151
The regulation of economic life must conform to the principles of
justice, with the object of assuring humane conditions of life for all.
Within these limits the economic liberty of the individual shall be
protected.
Legal compulsion is permissible only for safeguarding threatened rights
or in the service of predominant requirements of the common welfare.
The freedom of trade and industry is guaranteed in accordance with the
national laws.
ARTICLE 152
Freedom of contract prevails in economic relations in accordance with the
laws.
Usury is forbidden. Legal practices which conflict with good morals are
void.
ARTICLE 153
The right of private property is guaranteed by the Constitution. Its
nature and limits are defined by law.
Expropriation may be proceeded with only for the benefit of the community
and by due process of law. There shall be just compensation in so far
as is not otherwise provided by national law. If there is a dispute
over the amount of the compensation, there shall be a right of appeal
to the ordinary courts, in so far as not otherwise provided by national
law. The property of the States, municipalities, and associations of
public utility may be taken by the Commonwealth only upon payment of
compensation.
Property-rights imply property-duties. Exercise thereof shall at the same
time serve the general welfare.
ARTICLE 154
The right of inheritance is guaranteed in accordance with the civil law.
The share of the state in inheritances is determined in accordance with
the laws.
ARTICLE 155
The distribution and use of the land is supervised by the state in such
a way as to prevent its misuse and to promote the object of insuring to
every German a healthful dwelling and to all German families, especially
those with numerous children, homesteads corresponding to their needs.
War-veterans shall receive special consideration in the enactment of a
homestead law.
Landed property, the acquisition of which is necessary to satisfy the
demand for housing, to promote settlement and reclamation, or to improve
agriculture, may be expropriated. Entailments shall be dissolved.
The cultivation and utilization of the soil is a duty of the landowner
toward the community. An increase of the value of land arising without
the application of labour or capital to the property shall inure to the
benefit of the community as a whole.
All mineral resources and all economically useful forces of nature
are subject to the control of the state. Private royalties shall be
transferred to the state, as may be provided by law.
ARTICLE 156
The Commonwealth may by law, without impairment of the right to
compensation, and with a proper application of the regulations relating
to expropriation, transfer to public ownership private business
enterprises adapted for socialization. The Commonwealth itself, the
States, or the municipalities may take part in the management of business
enterprises and associations, or secure a dominating influence therein in
any other way.
Furthermore, in case of urgent necessity the Commonwealth, if it is in
the interest of collectivism, may combine by law business enterprises
and associations on the basis of administrative autonomy, in order to
insure the co-operation of all producing elements of the people, to give
to employers and employés a share in the management, and to regulate
the production, preparation, distribution, utilization and pecuniary
valuation, as well as the import and export, of economic goods upon
collectivistic principles.
The co-operative societies of producers and of consumers and associations
thereof shall be incorporated, at their request and after consideration
of their form of organization and peculiarities, into the system of
collectivism.
ARTICLE 157
Labour is under the special protection of the Commonwealth.
The Commonwealth will adopt a uniform labour law.
ARTICLE 158
Intellectual labour, the rights of the author, the inventor and the
artist enjoy the protection and care of the Commonwealth.
The products of German scholarship, art, and technical science shall also
be recognized and protected abroad through international agreement.
ARTICLE 159
The right of combination for the protection and promotion of labour and
economic conditions is guaranteed to everybody and to all professions.
All agreements and measures which attempt to limit or restrain this
liberty are unlawful.
ARTICLE 160
Any one employed on a salary or as a wage-earner has the right to the
leave necessary for the exercise of his civil rights and, so far as the
business is not substantially injured thereby, for performing the duties
of public honorary offices conferred upon him. To what extent his right
to compensation shall continue will be determined by law.
ARTICLE 161
For the purpose of conserving health and the ability to work, of
protecting motherhood, and of guarding against the economic effects of
age, invalidity and the vicissitudes of life, the Commonwealth will adopt
a comprehensive system of insurance, in the management of which the
insured shall predominate.
ARTICLE 162
The Commonwealth commits itself to an international regulation of the
legal status of the workers, which shall strive for a standard minimum of
social rights for the whole working class of the world.
ARTICLE 163
Every German has, without prejudice to his personal liberty, the moral
duty so to use his intellectual and physical powers as is demanded by the
welfare of the community.
Every German shall have the opportunity to earn his living by economic
labour. So long as suitable employment can not be procured for him, his
maintenance will be provided for. Details will be regulated by special
national laws.
ARTICLE 164
The independent agricultural, industrial, and commercial middle class
shall be fostered by legislation and administration, and shall be
protected against oppression and exploitation.
ARTICLE 165
Wage-earners and salaried employés are qualified to co-operate on
equal terms with the employers in the regulation of wages and working
conditions, as well as in the entire economic development of the
productive forces. The organizations on both sides and the agreements
between them will be recognized.
The wage-earners and salaried employés are entitled to be represented
in local workers’ councils, organized for each establishment in the
locality, as well as in district workers’ councils, organized for each
economic area, and in a National Workers’ Council, for the purpose of
looking after their social and economic interests.
The district workers’ councils and the National Workers’ Council meet
together with the representatives of the employers and with other
interested classes of people in district economic councils and in a
National Economic Council for the purpose of performing joint economic
tasks and co-operating in the execution of the laws of socialization.
The district economic councils and the National Economic Council shall
be so constituted that all substantial vocational groups are represented
therein according to their economic and social importance.
Drafts of laws of fundamental importance relating to social and economic
policy before introduction [into the National Assembly] shall be
submitted by the National Cabinet to the National Economic Council for
consideration. The National Economic Council has the right itself to
propose such measures for enactment into law. If the National Cabinet
does not approve them, it shall, nevertheless, introduce them into the
National Assembly together with a statement of its own position. The
National Economic Council may have its bill presented by one of its own
members before the National Assembly.
Supervisory and administrative functions may be delegated to the workers’
councils and to the economic councils within their respective areas.
The regulation of the organization and duties of the workers’ councils
and of the economic councils, as well as their relation to other social
bodies endowed with administrative autonomy, is exclusively a function of
the Commonwealth.
_SECTION VI_
TRANSITIONAL AND FINAL PROVISIONS
ARTICLE 166
Until the establishment of the National Administrative Court, the
National Judicial Court takes its place in the organization of the
Electoral Commission.
ARTICLE 167
The provisions of Article 18, Paragraphs 3 to 6, become effective two
years after the promulgation of the national Constitution.
ARTICLE 168
Until the adoption of the State law as provided in Article 63, but at the
most for only one year, all the Prussian votes in the National Council
may be cast by members of the State Cabinet.
ARTICLE 169
The National Cabinet will determine when the provisions of Article 83,
Paragraph 1, shall become effective.
Temporarily, for a reasonable period, the collection and administration
of customs-duties and taxes on articles of consumption may be left to the
States at their discretion.
ARTICLE 170
The Postal and Telegraphic Administrations of Bavaria and Wurtemberg will
be taken over by the Commonwealth not later than April 1, 1921.
If no understanding has been reached over the terms thereof by October 1,
1920, the matter will be decided by the Supreme Judicial Court.
The rights and duties of Bavaria and Wurtemberg remain in force as
heretofore until possession is transferred to the Commonwealth.
Nevertheless, the postal and telegraphic relations with neighbouring
foreign countries will be regulated exclusively by the Commonwealth.
ARTICLE 171
The state railroads, canals and aids to navigation will be taken over by
the Commonwealth not later than April 1, 1921.
If no understanding has been reached over the terms thereof by October 1,
1920, the matter will be decided by the Supreme Judicial Court.
ARTICLE 172
Until the national law regarding the Supreme Judicial Court becomes
effective its powers will be exercised by a Senate of seven members,
four of whom are to be elected by the National Assembly and three by the
National Judicial Court, each choosing among its own members. The Senate
will regulate its own procedure.
ARTICLE 173
Until the adoption of a national law according to Article 138, the
existing state contributions to the religious societies, whether
authorized by law, contract or special grant, will be continued.
ARTICLE 174
Until the adoption of the national law provided for in Article 146,
Paragraph 2, the existing legal situation will continue. The law shall
give special consideration to parts of the Commonwealth where provision
for separate schools of different religious faiths is not now made by law.
ARTICLE 175
The provisions of Article 109 do not apply to orders and decorations
conferred for services in the war-years 1914-1919.
ARTICLE 176
All public officers and members of the armed forces shall be sworn upon
this Constitution. Details will be regulated by order of the National
President.
ARTICLE 177
Wherever by existing laws it is provided that the oath be taken in the
form of a religious ceremony, the oath may be lawfully taken in the form
of a simple affirmation by the person to be sworn: “I swear.” Otherwise
the content of the oath provided for in the laws remains unaltered.
ARTICLE 178
The Constitution of the German Empire of April 16, 1871, and the law
of February 10, 1919, relating to the provisional government of the
Commonwealth, are repealed.
The other laws and regulations of the Empire remain in force, in so far
as they do not conflict with this Constitution. The provisions of the
Treaty of Peace signed on June 28, 1919, at Versailles, are not affected
by the Constitution.
Official regulations, legally issued on the authority of laws heretofore
in effect, retain their validity until superseded by other regulations or
legislation.
ARTICLE 179
In so far as reference is made in laws or executive orders to provisions
and institutions which are abolished by this Constitution, their places
are taken by the corresponding provisions and institutions of this
Constitution. In particular, the National Assembly takes the place of
the National Convention, the National Council that of the Committee of
the States, and the National President elected by authority of this
Constitution that of the National President elected by authority of the
law relating to the provisional government.
The power to issue executive orders, conferring upon the Committee of
the States in accordance with the provisions heretofore in effect, is
transferred to the National Cabinet; in order to issue executive orders
it requires the consent of the National Council in accordance with the
provisions of this Constitution.
ARTICLE 180
Until the convening of the first National Assembly, the National
Convention will function as the National Assembly. Until the inauguration
of the first National President the office will be filled by the National
President elected by authority of the law relating to the provisional
government.
ARTICLE 181
The German People have ordained and established this Constitution by
their National Convention. It goes into effect upon the day of its
promulgation.
SCHWARZBURG, August 11, 1919
(_Signed_)
The National President
EBERT
The National Cabinet
BAUER
ERZBERGER
HERMANN MÜLLER
DR. DAVID
NOSKE
SCHMIDT
SCHLICKE
GIESBERTS
DR. MAYER
DR. BELL
FOOTNOTES
[1] Prussia, Bavaria, Saxony, Wurtemberg, Baden, Hesse,
Mecklenburg-Schwerin, Saxe-Weimar, Mecklenburg-Strelitz, Oldenburg,
Brunswick, Saxe-Meiningen, Saxe-Altenburg, Saxe-Coburg-Gotha, Anhalt,
Schwarzburg-Rudolstadt, Schwarzburg-Sondershausen, Waldeck, Reuss (elder
line), Reuss (younger line), Schaumburg-Lippe, Lippe, Lübeck, Bremen and
Hamburg.
[2] See Joseph-Barthelémy, _les Institutions politiques de l’Allemagne
contemporaine_, Paris, Alcan, 1915.
[3] See Laband, _Die geschichtliche Entwicklung der Reichsverfassung_ in
the _Jahrbuch des oeffentlichen Rechts_, 1907, p. 1, _et seq._
[4] Piloty, _Die Umformung der Reichsregierung und die Reichsverfassung,
Deutsche Juristen Zeitung_, 1918, p. 651, _et seq._; Stier-Somlo,
_Reichsverfassung_, p. 6.
Page 13, footnote 1. See the text of these claims in Gentizon, _la
Révolution allemande_. 1 vol. Payot, Paris, 1919, p. 222.
[5] It is interesting to note that with the exception of Barth all these
men were members of the Reichstag before the Revolution.
[6] See Jean de Granvilliers, _Essai sur le libéralisme allemand_, Paris,
1914.
[7] See page 73, _et seq._, of this book.
[8] German jurists get much pleasure in pointing out the following
constitutional curiosity: the condition necessary for a law enacted by
a parliament to become operative is that this law shall be promulgated,
that is to say, authenticated and published. But these operations suppose
a government. Now, the law of February 10, created the government;
but this law could not be promulgated by a government which this very
promulgation would create. It was decided, therefore, that the law should
become operative immediately and be authenticated by the President of the
National Assembly.
[9] These concepts of “unitarism” and “federalism” must be compared with
“centralism” and “particularism,” which correspond to them, but which,
nevertheless, also differ from them. When one speaks of “particularism”
one means, beyond the legal and political differences which may exist
between the member states of a federated state, the peculiarities
of race, special traits of culture, geographic and ethnographic
characteristics which give to populations their own stamp and a
distinct collective sentiment. Political “particularism” and federalist
tendencies may co-exist naturally; but “particularism” is not necessarily
anti-centralistic: a “particularism” inspired by the love of a little
fatherland and its individuality gives to the population a certain
national consciousness which is not necessarily antagonistic to the
establishment of a strong central power. On the other hand “unitarism,”
if it preserves for the state the character of a federated state and does
not tend to a complete fusion of the member states, may well recognize
that races and provinces wish for individual existence and may be ready
to accord them corresponding liberty.
[10] See Preuss, _Deutschlands republikanische Reichsverfassung_, p. 8.
[11] See Jacobi, _Einheitsstaat oder Bundesstaat_, Leipzig, 1919.
[12] Since the Revolution, Coburg has detached itself from
Saxe-Coburg-Gotha and become a distinct state without the decision of any
authority whatsoever sanctioning this situation.
[13] There was in this a true provisionally federated state within a
federal German state. For several months there was thus, in central
Germany, a triple superposition of states.
[14] It must be recognized nevertheless that with the exception of the
Hanseatic cities the monarchical form was implied. For Prussia it was
obligatory.
[15] See Giese, _Die Reichsverfassung, vom II, August, 1919_, p. 65;
Jacobi, _Einheitsstaat oder Bundesstaat_, p. 6, _et seq._; Poetsch,
_Handausgabe der Reichsverfassung_, p. 25, _et seq._; Wenzel, _Festgabe
für Bergbohn_, 1919, p. 159, _et seq._
[16] See Stier-Somlo, _op. cit._, p. 79, _et seq._; Walter Jellinek,
Revolution und Reichsverfassung, in Jahrbuch des öffentlichen Rechts, p.
81; Arndt, Reichsverfassung, 1919, p. 35.
[17] In reality the states still exchange ambassadors and, in the
official German language, the agreements reached either between two
states or several carry the name of Staatsverträge (international
treaties). See particularly the international treaty adopted between
the Reich on the one hand, and Prussia, Bavaria, Saxony, Wurtemberg,
Baden, Hesse, Mecklenburg-Schwerin and Oldenburg on the other, concerning
the transfer to the Reich of the railroads of these states, the treaty
approved by the National Assembly, April 30, 1920.
[18] See Heilfron, _Die deutsche Nationalversammlung im Jahre 1919_, vol.
ii, p. 1176.
[19] See Julius Kaliski, _Der Kern des Rätegedanken_, in _Welt-Echo_,
June, 1919.
[20] This is the exact text: “1. For the immediate formation of the
cabinets in the Empire and in Prussia, the questions of individual
appointments will be decided by the political parties in agreement with
the organizations of workers, salaried employés and civil servants
taking part in the general strike, and a decisive influence will be
accorded to these organizations in the new policies of economic and
social legislation, all with the view of safeguarding the rights
of popular representation. 2. Immediate disarmament and punishment
of all those guilty of participating in the _pronunciamento_ or
the overthrow of the constitutional government, as well as of all
civil servants who placed themselves at the disposal of the illegal
governments. 3. All public and industrial administrations must be
radically purged of counter-revolutionary personalities, in particular
of those who participate in the management, and these personalities
must be replaced by trusted elements. Re-employment of all the
representatives of organizations in public services who were made the
victims of disciplinary measures. 4. The earliest possible realization
of administrative reform on a democratic basis, with the co-operation
of the economic organizations of wage-workers, salaried employés and
civil servants. 5. The immediate execution of all existing laws and the
enactment of new social laws that will accord to wage-workers, salaried
employés and civil servants complete social and economic equality;
and the immediate enactment of liberal legislation in behalf of civil
servants. 6. The immediate socialization of the branches of industry
ripe for socialization on the basis of the decisions of the Committee on
Socialization, in which representatives of vocational organizations shall
take part. The immediate convocation of the Committee on Socialization.
The transfer to the Empire of the coal and potash corporations. 7. More
effective appropriation and, if need be, the expropriation of available
necessities of life; more vigorous war against usurers and profiteers in
the country districts and in the cities; guarantees that obligations of
deliveries will be executed, insured by the organization of societies
for delivery of goods, and the establishment of definite fines and
punishments for all violations of these obligations due to ill-will. 8.
The dissolution of all counter-revolutionary military organizations that
did not remain faithful to the Constitution, and their replacement with
organizations recruited from the masses of tried republican population,
in particular workers, salaried employés and organized civil servants,
without favour to any class whatever. In this reorganization the rights
of all troops and organizations that have remained faithful shall remain
intact.”
[21] Retreat of the Berlin troops to the line of the Spree; the lifting
of the state of siege; no attack on armed workers, particularly in the
Ruhr; negotiations with labour organizations with the view of recruiting
of workers in the troops of Prussian safety police.
[22] The principal of the new “Nine Points” are: 1. The troops of
_Reichswehr_ remain in their position and must not advance on the
industrial area except with the express authorization of the Cabinet.
2. The red army dissolves and gives up its arms. 3. Adequate police is
assured by the constitutional authorities, supported by “committees
on public order” and of “local armies” composed of workers, salaried
employés and civil servants of all parties. 4. The “committees of action”
and the “executive committees” are dissolved.
[23] _Deutsche Allgemeine Zeitung_, March 28, 1920.
[24] _Lokal Anzeiger_, April 8, evening.
[25] Lensch, _Erwünschte Nachwirkungen_, in _Der Tag_, No. 83.
[26] Preuss, _Deutschlands republikanische Reichsverfassung_.
[27] Session of July 2. (Heilfron, _op. cit._, vol. V, pp. 2960-2961.)
[28] There are differences of detail between these two modes, but of no
importance.
[29] The origin of this provision goes back to the “certificate” that
was given in the elections for the National Assembly to soldiers and
sailors returning from the front and to troops assigned to service for
the preservation of order in polling places.
[30] Session of July 7, 1919. (Heilfron, _op cit._, vol. V, p. 3314.)
[31] Session of July 7, 1919. (Heilfron, _op. cit._, vol. V, pp.
3299-3300.)
[32] See the analysis of this bill in the _Deutsche Juristen Zeitung_,
1920, p. 385.
[33] Heilfron, _op. cit._, vol. II, p. 969.
[34] _Reichsgesetzblatt_, 1920, p. 909.
[35] Bismarck was always against the granting of salaries to members of
the Reichstag. He hoped thereby to prevent making of politics a career.
The members of the Reichstag since 1906 have been receiving compensation
which, at first fixed at 3,000 marks a year, was increased in 1918 to
5,000. National Assembly members were paid 1,000 marks a month. The new
Reichstag in one of its first sessions decided (1) that its members are
to receive 1,500 marks a month; (2) that those of its members who, in
the intervals of the Reichstag’s sitting, worked on committees, should
receive 50 marks a day. In addition, members of the Reichstag have the
right to travel free on all railroads of the Reich.
[36] There were formerly six important permanent committees: on
procedure, petitions, commerce and industry, finance and customs,
justice, and budget. We shall see that the Constitution has added to this
list a committee on foreign affairs, and a committee on the protection of
the rights of popular representation when the Reichstag is not meeting.
It goes without saying that the Reichstag may name special committees for
such and such functions decided upon.
[37] There are thus three kinds of treaties: Those made by a law of the
Reich, those made by agreement between the President and the Reichstag,
and those made by the President alone.
[38] It must be noted that, contrary to the practice in most
parliamentary countries, there is no distinction made between ordinary
laws and fiscal laws. The latter, particularly the budget, audit laws,
loans, are subject to the same regulation as the former. This is
explained by the fact that, unlike most other parliamentary countries,
Germany does not practice, properly speaking, the two-chamber system.
[39] Heilfron, _op. cit._, vol. V, p. 3193.
[40] See in general the work of Redslob, _Die parlamentarische Regierung
in ihrer wahren und in ihrer unechten Form_, Tübingen, 1918. It is
curious to note that every argument and all the investigations of Redslob
take as their point of departure the criticisms addressed by Professor
Duguit against the French system, particularly in his _Traité de Droit
Constitutionnel_, 1911, vol. I, pp. 411-412.
[41] This law has never been applied. President Ebert, now in office,
was, it will be remembered, elected by the National Assembly.
[42] The President of the Reich has not, what is called in France, _le
pouvoir réglementaire_, that is to say, the right to issue general
ordinances obligatory on all citizens. He cannot make regulations of this
kind except in cases where the Constitution or an ordinary law gives him
special power to do so. In such a case either he issues the regulation,
naturally with the countersignature of a Minister (Articles 48, 49, 51,
59 of the Constitution, for example), or he must first obtain the consent
of the Reichstag.
[43] See particularly the decree of March 19, 1920, _Reichsgesetzblatt_,
1920, p. 467.
[44] At the meeting of the Committee on the Constitution on April 4,
1919, Preuss, then Minister of the Interior, declared that such was
already the practice in Germany and that President Ebert presided over
the most important meetings of the Council of Ministers.
[45] It includes in addition two members that do not belong to any
party--the Minister of Foreign Affairs and the Minister of Transport.
[46] Article 64 provided also that after the reunion of Austria with
the German Reich the latter would have the right to be represented in
the Reichstag numerically in proportion to the size of its population.
Until such union the representatives of German Austria would have only a
consultative voice. This provision, contrary both in letter and spirit
to Article 80 of the Peace Treaty, brought a protest from the Supreme
Council of the Allied Powers and their associates. The first note on
September 2, 1919, demanded the abolition of the offending provision
by constitutional amendment within a fortnight. On September 5, the
German government replied that no article of the Constitution could be
in contradiction with the Treaty of Peace, for Article 78, paragraph 2,
expressly provides that no constitutional provision may carry any attempt
against the treaty. This reply justly seemed to the Allies insufficient.
Article 78, paragraph 2, constitutes, it is true, on the part of the
drafters of the Constitution an excellent measure of precaution against
contradictions between the Constitution and the Treaty not provided for
in advance and revealed in practice. But the contradiction pointed out by
the note of the Allies of September 2 was too clear and evident to have
been accidental. The Allied Powers, therefore, demanded that the German
Government send by means of a diplomatic document the interpretation
contained in its note of September 5. This is the text, therefore, of a
supplementary declaration drawn up by the German Cabinet and ratified by
the National Assembly:
“The undersigned, duly authorized in the name of the German Government,
recognize and declare that all provisions of the German Constitution
of August 11, 1919, that are in contradiction with stipulations of the
Treaty of Peace signed at Versailles on June 28, 1919, are without force,
and that particularly the admission of the representatives of Austria as
members of the Reichstag cannot be effected except if, in conformance
with Article 80 of the Treaty of Peace, the League of Nations sanctions a
change in the international situation of Austria. The present declaration
must be ratified by the competent authorities within a fortnight after
the Treaty of Peace becomes operative.”
[47] The committees thus formed are eleven in number and each consists
of nine members. They are, committees on foreign affairs, political
economy, interior administration, commerce and audits, taxes and customs,
justice, the Constitution and interior regulation, the army, navy, and
the execution of the Treaty of Peace.
[48] See Koch, _Die Grundrechte in der Verfassung, Deutsche Juristen
Zeitung_, 1919, p. 609, _et seq._
[49] It should be observed that this provision has been decreed by a
law; consequently there can be no question in regard to it whether it
is a provision having the force of law or only a moral maxim. It is a
legislative provision. The fact that it was later inserted into the
Constitution has only the effect of preventing its abrogation or its
modification other than by constitutional amendment.
[50] This principle of civil law has also become now a provision of
constitutional law (Article 152).
[51] It must be also noted that up to now the States have not as yet
complied with this order of the Constitution. In Prussia in particular
it does not seem that measures have yet been enacted against the
“fideicommis.”
[52] _Reichsgesetzblatt_, 1920, p. 876.
[53] The question of the length of the working day has not been touched
by the Constitution. Up to now it has been regulated exclusively by
special decrees based on the eight-hour day. The decrees of November
23, 1918, and of December 17, 1918, introduced the eight-hour day for
workers in industries with the exception of industries which must not be
interrupted. The decree of November 23, 1918, prescribed the length of
the working day in bakeries; that of March 18, 1919, did the same for
salaried employés. A general law that provides for an eight-hour day and
regulating its application is in preparation.
[54] _Reichsgesetzblatt_, 1920, p. 98.
[55] As yet there has not been organized insurance against non-employment.
[56] The political parties interested themselves in these elections, the
platform being “for or against religious instruction.” The number of
socialists elected was less than that of bourgeois parties.
[57] See Chapter III.
[58] Max Schippel, _Schicksalstunden der Arbeitsgemeinschaft,
Sozialistische Monatshefte_, 1920, p. 328.
[59] It has been changed by a law of May 31, 1920. (_Reichsgesetzblatt_,
1920, p. 1128.)
[60] _Deutsche Allgemeine Zeitung_, April 29, evening.
[61] In the discussion that arose on this subject an expression used in
it has achieved popularity and is in current use. The strikers demanded
and obtained the “anchorage” of the Councils in the Constitution.
[62] See p. 307.
[63] It will be recalled that in order to obtain increase in authority
for the Factory Workers Councils, the Independents organized a great
manifestation in Berlin in January, 1920, in the course of which about
forty of the participants in the manifestation were killed on the steps
of the Reichstag.
[64] These enterprises are: Stock companies, limited joint-stock
companies, mutual insurance companies, and eventually limited liability
companies.
[65] See Paul Umbreit, _das Betriebsrätegesetz_, Berlin, 1920, pp. 20-21.
[66] It met for the first time on June 30, 1920.
[67] This memorandum did not represent the personal opinion of the
Minister. The ideas expressed in it were the opinions of a group that
included both socialists and bourgeois elements, men like Walter
Rathenau, von Möllendorf (under-secretary of State under Wissel),
Andreas, a banker, Georg Bernhard, editor of the _Vossiche Zeitung_, and
others.
[68] Reier, _Sozialisierungsgesetze_, Berlin, 1920, p. 14.
[69] Wissel, then Minister of Public Economy, on March 7, 1919, before
the National Assembly thus defined collective economy properly so-called:
“Collective economy means the organization and management of private
economic enterprises in the interests of the Reich, the subordination
of private interests to collective interests. The application of this
general principle to particular cases must be adapted to the special
conditions of the different branches of the economy. Nothing can be worse
than to want to make the economy rigidly uniform. Every economic group is
a different organism that demands forms appropriate to it. This seems to
be indicated in the exterior forms of union, such as capitalist economy
practiced in its associations and cartels. But the spirit that prevails
in these organizations must be raised above purely private considerations
up to a sense of responsibility toward the people as a whole, up to the
conception of a collective economy. _Collective economy does not mean
state economy, but autonomy._ The State is not the master of economy. It
can and should exercise supreme supervision and hold in equilibrium the
opposing interests with justice and wisdom.”
[70] These sixty members are divided as follows:
3 representatives of states;
15 representatives of colliers’ organizations;
15 representatives of mine workers;
1 employer and 1 worker in gasworks;
2 salaried employés of the technical service of the mines;
1 salaried employé of the commercial service of the mines;
5 coal merchants;
1 employé in the wholesale coal trade;
2 employers and 2 workers in industries using coal;
2 representatives of consumers’ societies;
1 user of coal in the cities, 1 in the country;
2 representatives of small industries using coal;
1 user of coal for railroads;
1 user of coal for maritime navigation;
1 user of coal for river navigation;
3 mine and boiler experts.
The representatives of the states are named by the Reichsrat from among
the municipal administrations and consumers of coal. The representatives
of employers and employés in the mining industries as well as the twelve
representatives of the colliers’ associations are elected by the mine
groups of the _Arbeitsgemeinschaft_. Two representatives are named by the
Prussian Minister of Commerce and Industry. The representatives of the
coal trade are named by the German Congress of Commerce and Industry. The
representatives of the employers and employés of the industries using
coal, and the representatives of the employés of gasworks are elected
by their _Arbeitsgemeinschaften_. The representatives of the small
industries using coal are elected by the German Chambers of Commerce and
Industry. The other representatives are appointed, on the advice of those
they represent, by the Minister of Public Economy of the Reich.
[71] Stricken out at the demand of the Supreme Council of the Allied and
Associated Powers. The Supreme Council addressed the following demand to
Germany on September 2, 1919:
“The Allied and Associated Powers have examined the German Constitution
of August 11, 1919. They observe that the provisions of the second
paragraph of Article 61 constitute a formal violation of Article 80 of
the Treaty of Peace signed at Versailles on June 28, 1919. This violation
is twofold:
“1. Article 61 by stipulating for the admission of Austria to the
Reichsrat assimilates that Republic to the German States composing the
German Empire--an assimilation which is incompatible with respect to the
independence of Austria.
“2. By admitting and providing for the participation of Austria in the
Council of the Empire Article 61 creates a political tie and a common
political action between Germany and Austria in absolute opposition to
the independence of the latter.
“In consequence the Allied and Associated Powers, after reminding the
German Government that Article 178 of the German Constitution declares
that ‘the provisions of the Treaty of Versailles can not be affected by
the Constitution,’ invite the German Government to take the necessary
measures to efface without delay this violation by declaring Article 61,
Paragraph 2, to be null and void.
“Without prejudice to subsequent measures in case of refusal, and in
virtue of the Treaty of Peace (and in particular Article 29), the Allied
and Associated Powers inform the German Government that this violation of
its engagements on an essential point will compel them, if satisfaction
is not given to their just demand within 15 days from the date of the
present note, immediately to order the extension of their occupation on
the right bank of the Rhine.”
Article 29 of the Treaty of Peace refers to Map No. 1 which shows the
boundaries of Germany and provides that the text of Articles 27 and 28
will be final as to those boundaries. Article 80 reads as follows:
“Germany acknowledges and will respect strictly the independence of
Austria, within the frontiers which may be fixed in a Treaty between that
State and the Principal Allied and Associated Powers; she agrees that
this independence shall be inalienable, except with the consent of the
Council of the League of Nations.”
A diplomatic act was signed at Paris on September 22, 1919, by the
representatives of the Principal Allied and Associated Powers and Germany
in the following terms:
“The undersigned, duly authorized and acting in the name of the German
Government, recognizes and declares that all the provisions of the German
Constitution of August 11, 1919, which are in contradiction of the terms
of the Treaty of Peace signed at Versailles on June 28, 1919, are null.
“The German Government declares and recognizes that in consequence
Paragraph 2 of Article 61 of the said Constitution is null, and that in
particular the admission of Austrian representatives to the Reichstag
could only take place in the event of the consent of the Council of
the League of Nations to a corresponding modification of Austria’s
international situation.
“The present declaration shall be approved by the competent German
legislative authority, within the fortnight following the entry into
force of the Peace Treaty.
“Given at Versailles, September 22, 1919, in the presence of the
undersigned representatives of the Principal Allied and Associated
Powers.”
End of Project Gutenberg's The New German Constitution, by René Brunet