Europe -- Politics and government; Political science
The revival of the Imperial title and dignity involved, and was
intended to involve, no modification of the status of the
Bundespraesident, save in respect to his official designation and
certain of his personal privileges. His relations with the states and
with the princes of the federation continued precisely as before. The
powers of the Kaiser were, and are, the powers of the old President,
and nothing in excess of those. The title might be taken to imply a
monarchy of the customary sort; but properly it does not. There is no
Imperial crown, no Imperial civil list, no Imperial "office" as such.
The king of Prussia, in addition to his purely Prussian prerogatives,
is by the Imperial constitution vested with the added prerogative (p. 211)
of bearing the Kaiser title and of exercising those powers which under
the constitution and laws are conferred upon the bearer of that title.
Apart from the Prussian crown the Imperial function does not exist;
from which it follows that there is no law of Imperial succession
apart from the Prussian law regulating the tenure of the Prussian
throne,[299] and that in the event of a regency in Prussia the regent
would, _ipso facto_, exercise the functions of Emperor. Chief among
the privileges which belong to the Kaiser as such are those of special
protection of person and family and of absolute exemption from legal
process. Responsible to no superior earthly authority, the Emperor may
not be brought for trial before any tribunal, nor be removed from
office by any judicial proceeding. Assaults upon his person are
punishable with death, and attacks, in speech or writing, which are
adjudged to constitute _lese majeste_ are subject to special and
severe penalties.[300]
[Footnote 299: Arts. 53-58 of the Prussian
Constitution. See p. 253.]
[Footnote 300: R. C. Brooks, Lese Majeste, in _The
Bookman_, June, 1904.]
*221. Powers: Military and Foreign Affairs.* The king of Prussia being
_ipso facto_ Emperor, the royal and Imperial functions which are
combined in the hands of the one sovereign are of necessity closely
interrelated. There are powers which belong to William II. to-day
solely by virtue of his position as king of Prussia. There are others,
of an Imperial nature, which he possesses by reason of the fact that,
being king of Prussia, he is also Emperor. In practice, if not in law,
there are still others which arise from the thoroughgoing
preponderance of the Prussian kingdom as a state within the
Empire--the power, in general, of imparting a bent to Imperial policy
such as would not be possible if, for example, the king of Wuerttemberg
were Emperor, rather than the king of Prussia.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account