Germany -- Politics and government -- 1918-1933; Germany. Verfassung (1919)
[46] Article 64 provided also that after the reunion of Austria with
the German Reich the latter would have the right to be represented in
the Reichstag numerically in proportion to the size of its population.
Until such union the representatives of German Austria would have only a
consultative voice. This provision, contrary both in letter and spirit
to Article 80 of the Peace Treaty, brought a protest from the Supreme
Council of the Allied Powers and their associates. The first note on
September 2, 1919, demanded the abolition of the offending provision
by constitutional amendment within a fortnight. On September 5, the
German government replied that no article of the Constitution could be
in contradiction with the Treaty of Peace, for Article 78, paragraph 2,
expressly provides that no constitutional provision may carry any attempt
against the treaty. This reply justly seemed to the Allies insufficient.
Article 78, paragraph 2, constitutes, it is true, on the part of the
drafters of the Constitution an excellent measure of precaution against
contradictions between the Constitution and the Treaty not provided for
in advance and revealed in practice. But the contradiction pointed out by
the note of the Allies of September 2 was too clear and evident to have
been accidental. The Allied Powers, therefore, demanded that the German
Government send by means of a diplomatic document the interpretation
contained in its note of September 5. This is the text, therefore, of a
supplementary declaration drawn up by the German Cabinet and ratified by
the National Assembly:
“The undersigned, duly authorized in the name of the German Government,
recognize and declare that all provisions of the German Constitution
of August 11, 1919, that are in contradiction with stipulations of the
Treaty of Peace signed at Versailles on June 28, 1919, are without force,
and that particularly the admission of the representatives of Austria as
members of the Reichstag cannot be effected except if, in conformance
with Article 80 of the Treaty of Peace, the League of Nations sanctions a
change in the international situation of Austria. The present declaration
must be ratified by the competent authorities within a fortnight after
the Treaty of Peace becomes operative.”
[47] The committees thus formed are eleven in number and each consists
of nine members. They are, committees on foreign affairs, political
economy, interior administration, commerce and audits, taxes and customs,
justice, the Constitution and interior regulation, the army, navy, and
the execution of the Treaty of Peace.
[48] See Koch, _Die Grundrechte in der Verfassung, Deutsche Juristen
Zeitung_, 1919, p. 609, _et seq._
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account