Germany -- Politics and government -- 1918-1933; Germany. Verfassung (1919)
The control by the Reichstag over the Cabinet may be exercised also by
means of a _parliamentary investigating committee_. This is a novelty in
German public law. In its first draft the project of the Constitution
did not permit the institution of investigating committees except in
cases where the sincerity or the legality of an act of the Cabinet is
questioned. But the National Assembly has gone further than that and,
with the exception of a case of actual lack of confidence in the Cabinet
on the part of the Reichstag, the latter assumes the right without
limitation of appointing investigating committees. These committees
may, for example, be created to examine economic and other questions of
importance.
The Reichstag must proceed to the appointment of an investigating
committee if a fifth of its members demand it. The procedure according
to which these committees may operate is not at all prescribed. The
Constitution says only that such a committee may take such testimony
in open session as it itself or the authors of the proposal of the
investigation may consider necessary. But by a majority of two-thirds the
committee may decide that the meetings shall not be public. Tribunals
and administrative authorities are obliged to comply with the requests
of these committees, with the view of developing evidence. The files of
these authorities are, on demand, open to these committees.
The Reichstag nominates in addition two _permanent committees_. One of
them is that on Foreign Affairs. Its purpose is to submit the foreign
policies of the Cabinet to a constant surveillance by the popular
representation. It may after the adjournment of the Reichstag, or when
the powers of the Reichstag have expired, or after a dissolution of the
Reichstag remain in power until the National Assembly has reconvened. Its
meetings are theoretically not public. However, a majority of two-thirds
may order that they be such. It has the same powers as an investigating
committee.
During the deliberations on the project of the Constitution, serious
objections were raised against the institution of the Committee on
Foreign Affairs. It was claimed that this committee would in advance
be an expression of lack of confidence in the Cabinet and as an organ
of surveillance would exercise a particularly troublesome influence on
foreign policies. To this the reply was, that in the countries in which
there have been appointed committees on foreign affairs there has been no
evidence of unfavorable results. In addition, this committee would not be
in the first instance a committee of surveillance, but an organism which,
in matters of foreign policy would bring the influence of politically
experienced personalities of the Reichstag to bear on the professional
agencies of the diplomatic service.
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