Germany -- Politics and government -- 1918-1933; Germany. Verfassung (1919)
The parties of the Right, for whom the authority given the President
seems never strong enough, wanted to give him still another power, the
right to prescribe a referendum or to dissolve the Reichstag without a
countersignature of a Minister. The President, they held, would never
be able to secure the countersignature of a Minister to a dissolution
of the Reichstag, or to appeal to the people against the Reichstag,
because ministers depend for their official lives on the confidence
the Reichstag reposes in them. It will be necessary in such a case,
therefore, for the President to form a new ministry to countersign his
ordinance. But if the electors of the nation decide against a President,
he will have to call back to office the former Ministry. Of what use is
this roundabout method?
But Preuss vigorously defended the necessity of the countersignature,
dictated by principles of a republican democracy and of parliamentarism.
He began by reviewing the hypothesis of a referendum. In such a
situation, he said, one of two possibilities occurs. Either the President
and the Minister are in agreement to prescribe a referendum; in which
case would the Minister refuse his countersignature? That would be
contrary to the normal relations which must exist between the President
and his Ministry; especially, too, as a referendum is subject to certain
conditions imposed by the Constitution, and these conditions have to
be observed and some one must take the responsibility in case they
are violated. Or in the other case, the more important, the Ministry
are against the referendum; they are determined not to permit such a
politically important act to be committed against their best judgment. In
such a situation the Ministry will immediately resign and the President,
not being able to remain without a Ministry, would have to form a new
one. Whether or not, therefore, the countersignature of a Minister
to such decrees is required, the situation culminates in a change of
Ministry. But it is more natural that if the President wants to bring
about an act against the political convictions of his Ministry, he will
seek a Cabinet that will accept the responsibility for this act.
Public-domain text, read in full here on John Shaqi.
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