Germany -- Politics and government -- 1918-1933; Germany. Verfassung (1919)
3. Besides “exclusive” and “concurrent” legislation there is also
“normative” legislation. This is provided by Articles 10 and 11 and
consists in the right of the Reich to “_lay down principles simply
leaving the details to be enacted and carried out by the legislators of
the state_.”
According to Article 10 in this kind of legislation are included matters
of vital importance from the points of view of culture and of social
considerations. Already in its second part the Constitution enacts a
certain number of principles to which both the legislators of the Reich
and of the states are subjected.
Article 11 deals with the “normative” competence of the Reich over
financial legislation of the states. It was necessary that the Reich
legislate on this question for otherwise there was the fear that the
states, in attending to their own financial needs, would drain sources of
revenue needed by the Reich.
II.--AUTHORITY OF NATIONAL OVER STATE LAWS.
However precise and rigorous may be the division of the authority between
the Reich and the states, conflicts may nevertheless arise between the
two. In such cases it was natural that the Reich should claim for its
laws, “the authority of Empire surpasses the authority of states.”
3.--THE ADMINISTRATIVE SERVICES OF THE REICH.
Before the Revolution the Reich did not have in principle an
administration proper to it; the execution of the laws of the Empire were
as a general rule assured by the functionaries of the member-states under
the control of the Reich. The new Constitution continued, it is true, the
same principle but it provided exceptions of the first importance. Three
hypotheses must be noted here:
1. Certain powers belong exclusively to the Reich. They are those which
we have enumerated as contained in Article 6. The Reich has the exclusive
right to legislate on these matters, but in addition it has also the
sole right to execute these laws; that is to say, it creates and directs
the administrative services necessary to assure the application of the
provisions which it has the exclusive right to promulgate. Foreign
affairs, the army, the navy, etc., are administered directly by the
Reich. But in addition in matters that belong concurrently both to the
Reich and to the State and which have been placed in the hands of the
Reich the latter has created a special administration which it directs
itself, that of finances.
2. In other cases in which the Reich has the right to legislate and
uses it, _it yet leaves the care of the execution of these laws to
the functionaries of the State_. Although these public services are
instituted and organized according to the laws of the Reich the
functioning is assured exclusively by the officials of the state. There
was formerly, and there still is to-day, the hypothesis of authority in
common in matters of public security, assistance and the Reich.
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