Germany -- Politics and government -- 1918-1933; Germany. Verfassung (1919)
1. The granting of amnesty. Amnesty is a measure of a general character
whereby the sovereign, with the object of general pacification, declares
such and such crimes legally expiated. In the German Constitution amnesty
has to be declared in the form of a law. The ordinary procedure for the
enactment of law applies here.
2. Declaration of war and the conclusion of peace. These proclamations,
in the same way, must be made in the forms of laws.
3. Treaties of alliance and international treaties. Each of these is
theoretically concluded by the President of the Reich; but when these
treaties touch questions which are regulated or can only be regulated
by a law of the Reich, such settlements are not valid except with the
consent of the National Assembly. (Article 45.) This hypothesis differs,
therefore, from the first two just examined. In those cases there was
required a law, that is to say, the Reichsrat had the right of protest,
and the President could only prepare and execute the decision of the
Reichstag, to the same extent that he is compelled to prepare other
laws of the Reich. In the cases of treaties, however, what is required
is a meeting of the wills of both the Reichstag and the President. This
agreement is required even for the international validity of the treaty,
but it is self-sufficient, and the Reichsrat would probably not have the
right to protest against such a conclusion.[37]
II.--LEGISLATIVE POWERS.
In contrast to the terms of the Constitution of 1871, which divided the
right to legislate between the Bundesrat and the Reichstag but gave the
preponderance to the former, the new Constitution gives to the Reichstag
the principal rôle in legislative work. The right to legislate is
expressly placed in its hands. “National laws are enacted by the National
Assembly” (Article 68). But this fundamental right of the Reichstag is
limited by important powers granted to the Reichsrat, to the President
and to the people.
The principal co-operator with the Reichstag, from the point of view of
legislation, is the Reichsrat. The Reich being, at least theoretically,
a federal state, the Constitution grants to the Reichsrat, which
“represents the German states in the legislation and administration of
the Reich,” the right of important co-operation in legislative matters.
But this right is not as extensive as that which the old Bundesrat had.
It consists first of all in this, that no bill can be submitted to the
Reichstag unless it has been _previously accepted by the Reichsrat_.
However, this provision does not constitute, as formerly, an absolute
obstacle. When the Reichsrat disapproves of a bill which the Cabinet
has submitted to it, this project may be, without the consent of the
Reichsrat, nevertheless sent on to the Reichstag. The Cabinet is in such
a case only obliged to set forth to the Reichstag, in presenting this
bill, the dissent of the Reichsrat (Article 69).
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