Europe -- Politics and government; Political science
[Footnote 305: "The laws of the Empire shall
receive their binding force by Imperial
promulgation, through the medium of an Imperial
Gazette. If no other time is designated for the
published law to take effect it shall become
effective on the fourteenth day after its
publication in the Imperial Gazette at Berlin."
Art. 2. Dodd, Modern Constitutions, I., 326.]
The Emperor is vested, in the next place, with certain prerogatives in
relation to the judiciary. On motion of the Bundesrath, he appoints
(though he may not remove) the members of the Reichsgericht, or
Imperial Court; and by the Code of Criminal Procedure it is stipulated
that in cases in which the Imperial Court shall have rendered judgment
as a tribunal of first instance, the Emperor shall possess the power
of pardon. The pardoning power is extended likewise to cases adjudged
in consular courts, prize courts, and other tribunals specified by
law.
*223. Powers: Execution of the Law.*--Finally, the execution of the laws
is intrusted to the Emperor with, however, this limitation, that,
under the German system, the execution of law is committed largely to
the states and the officials thereof, so that the measures of the (p. 213)
Imperial Government whose execution is not specifically provided for
by the constitution and the laws are presumably carried into effect by
the constituted authorities of the states. There are, however,
Imperial agents whose business it is to inspect the execution of
Imperial measures by the states and to report to the Emperor
infractions or omissions. When such delinquencies are adjudged
sufficiently serious, the Emperor may bring them to the attention of
the Bundesrath, and that body may order an "execution," i.e., a show
of military force to coerce the erring state. The carrying out of the
"execution" is intrusted to the Emperor.[306] Incident to the general
executive function is the power to make appointments. By the
constitution it is stipulated that the Emperor, in addition to
appointing the Imperial Chancellor, shall appoint Imperial officials,
require of them the taking of an oath to the Empire, and, when
necessary, dismiss them.[307] The position which the Chancellor
occupies in the Imperial administrative system is of such weight that
the power of appointing to, and of removing from, the chancellorship
is in itself of very large importance; and the Kaiser's control of
administration is still further increased by his power of appointment
and removal of subordinate officials.[308]
[Footnote 306: Art. 19. Dodd, Modern Constitutions,
I., 332.]
[Footnote 307: Art. 18. Ibid.]
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