Germany -- Politics and government -- 1918-1933; Germany. Verfassung (1919)
This, as we have said, is a compromise; its leading idea is to fortify
and draw closer the bonds of unity within the Reich on the basis of a new
redistribution of territory according to economic and social interests
and taking into account the wishes of the population. It is true that
this has the value only of a programme without positive legislative
force; nevertheless it has its importance; it presents the principle
of a progressive revision of the territories of the states, a revision
whose new unities would form organic divisions of the Reich such as would
serve to a maximum degree the interest of the whole German people. The
idea which should direct this territorial regrouping must be exclusively
the interest of the German nation in its ensemble. The territorial status
of the states no longer has as formerly a value absolute in itself, but
is thereafter subjected to the condition that it assures in the largest
measure possible the highest well-being of the Reich as a whole. There is
in this undoubtedly a victory for the unitary idea.
Frontiers, therefore, will be “mobile” and their modification will have
to serve the development of the general welfare. It will have to be
the Reich that will be called upon to preside over the question of new
repartition of territories, because it alone is the holder of sovereignty
in Germany, and because it alone is in position to maintain an equal
balance between the varied and particular interests of the states.
No territorial change whatsoever, whether a fusion, a separation, or
the creation of a state, will be possible or operative no matter what
conditions exist for its consummation, _without a law enacted by the
Reich_.
In addition--and this general rule must be followed every time that a
change is envisaged which does not constitute an exception expressly
provided for--such a law of the Reich must be enacted in the _form of a
constitutional law_.
This rule has three exceptions in which an ordinary law of the Reich
suffices, provided that a certain number of other conditions are realized.
(1) An ordinary law is sufficient when the change, the separation or the
union of territories takes place _with the consent of the interested
states_. This consent manifests itself in the form of a declaration of
the governments of the states; for these governments by virtue of the
constitution enjoy the confidence of the people, since they are supposed
to be both democratic and republican; in which case a plebiscite is
superfluous.
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