Germany -- Politics and government -- 1918-1933; Germany. Verfassung (1919)
The question whether, in the new legislation relative to the Churches,
there subsists still any special right of supervision by the States,
cannot be answered uniformly. Properly speaking there is no right
of supervision by the States. But the latter may exercise over the
Churches the same control as over public corporations for the purpose of
maintaining order and public security.
5.--EDUCATION AND SCHOOLS.
After having regulated the question of the relations between Church and
State, the Constituent Assembly took up the problem of education. It
approached it in the same spirit that inspired the provisions it adopted
relative to fundamental rights and duties. Here, too, it exerted itself
to give its work a marked social character; and to a very large measure
it succeeded.
However, the Articles concerning the schools were the subject of long
deliberations and lively discussions in committee and in the full
session of the Constitutional Assembly. In the debates on schools, on
the relations of Church and State, and on the relations of schools and
churches, two conflicting conceptions were manifested. Whereas the
Centre and the parties of the Right declared in principle for religious
schools, the Social Democrats championed the idea of secular schools, and
long negotiations were required to find a compromise between these two
apparently irreconcilable doctrines.
The Constitution, in its final text, contains provisions relative to
public instruction, and to private instruction as well as provisions
applicable to both of these.
* * * * *
I.--Public instruction must form an “organized whole.” That is to say,
it must not consist of a collection of schools of different kinds
without any logical bond between them; but on the contrary it must be
systematically organized, in such a manner that each kind of school
will be part of a harmonious whole, constructed on a rational plan and
answering a definite object. This instruction must be systematized by
co-operation of the Reich, the States and the municipalities.
But what principles should guide this organization and what should be its
aims? It is here that the social doctrine of the Constituent Assembly
reappears. Public instruction whose detailed organization is left to
the regulation by ordinary laws to be enacted must present certain
characteristics, all arising from the same idea--_guaranteeing to every
individual a maximum of development to the end that he may co-operate in
the most effective fashion in the well-being of the community_.
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