Germany -- Politics and government -- 1918-1933; Germany. Verfassung (1919)
This is a peculiar point in the German Constitution. Whereas in France,
the state of siege cannot be declared except by a law, in Germany it is
sufficient to declare it by means of a simple order of the President.
Article 48 gives him the right, when security and public order are
seriously affected or menaced, to take necessary measures for the
re-establishment of security and public order and at need to use,
therefore, armed force to that end. But in order that he may be able to
resort to these exceptional measures, tranquillity and public safety
must be seriously affected or menaced. But he alone has the power to
decide if and when this condition is fulfilled. In the same way he alone
decides what measures are necessary for the re-establishment of order.
He may particularly--the Constitution expressly gives him this right
but only in a general way--suspend individual liberties. As to details
in this matter the Constitution provided for the passing of an ordinary
law which should prescribe particulars more completely; but this law has
not yet been enacted. It is agreed to recognize that until such a law
has been passed the _authority of the President in this respect remains
unlimited_. He may therefore not only order all measures which seem to
him necessary for this or that emergency, but he may also by an ordinance
prescribe general and permanent measures. He may institute penalties or
increase those provided by the penal code. He may also establish special
tribunals. It is in effect a dictatorship.
This extraordinary power which has been given him, the President uses to
a very large extent. Germany, it is true, is traversing a particularly
troubled period and it is probable that this is responsible for the
great number of ordinances issued by the President creating states of
siege. There are regions that are almost constantly in a state of siege,
particularly the Ruhr. In 1920 Berlin remained in a state of siege from
January 13th to May 28th.
Public-domain text, read in full here on John Shaqi.
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