Germany -- Politics and government -- 1918-1933; Germany. Verfassung (1919)
1.--THE CONSTITUTION OF THE STATES.
The Constitution of the German Empire of 1871 recognized the right of
the member states to choose whatever constitutions they desired.[14] The
Empire never concerned itself with the form of government chosen by any
of its states nor with the different provisions they inserted in their
constitutions.
Germany was thereby the only federated state which thus left,
theoretically at least, such a latitude to its member states. The
United States and Switzerland, for instance, impose certain fundamental
provisions on the constitutions of their component states, relating to
the form of their State.
This latitude could not exist in the new Germany for the Reich, having
adopted a democratic and republican constitution, could not, without
condemning the very principles on which it had been built, agree that
such and such of the member states should remain monarchical. Proscribed
in the Reich, monarchy would also have to be barred in the states. Also
the co-existence of both monarchies and republics within the Reich
would have something so inconsistent within itself that it would run
particularly counter to the centralizing tendency which was being so
eagerly promoted.
Article 17 therefore indicates to the states the bases on which they
must erect their future constitutions, in order to insure a harmony of
principles between the Constitution of the Reich and the constitutions
of the states. These bases would have to be analogous to those serving
as the foundation of the Constitution of the Reich. One can group these
principles under three heads:
1. THE DEMOCRATIC PRINCIPLE.--All power springs from the people; as a
consequence national representatives must be elected by popular vote;
that is to say, they must be elected by all the Germans, men and women,
by universal, equal, direct and secret suffrage following the rules of
proportional representation. The same applies for municipal councils.
On the other hand the states remain free to provide different modes of
suffrage in elections in wards, districts and provinces.
2. THE REPUBLICAN FORM OF THE GOVERNMENT.--All monarchical restoration is
forbidden.
3. PARLIAMENTARY GOVERNMENT.--But this provision was only desired by the
Constituent Assembly; it is not strictly imperative. Preuss formally
declared in committee meeting that any constitution, for example such as
that existing in Switzerland, which provided for a council elected by
popular vote, would be admissible; but there would be excluded a régime
of despotism in which the government was completely independent of the
popular Assembly. It mattered little otherwise whether the state adopted
the one-chamber system or that of two chambers.
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