Germany -- Politics and government -- 1918-1933; Germany. Verfassung (1919)
The ensemble of all these measures constitutes a strengthening of the
right of control by the Reich as compared to the former régime. On the
one hand, the recognized right of the Reich to send commissioners to
subordinate authorities with, it is true, the consent of the governments
of the states, is new. Formerly such imperial commissioners were received
only by the governments of the states themselves, instead of allowing
immediate access to subordinates as to-day. In addition and above all
when difficulties arise especially from the insufficiency of the measures
taken by the authorities of the states, the power to settle these
difficulties no longer belongs as formerly to a college constituted by
the representatives of states, such as was the Bundesrat; but is now the
function of the independent organs of the Reich, such as the government
of the Reich or the High Court of Justice of the Reich.
4.--JUSTICE AND THE HIGH COURT OF JUSTICE.
The centralizing influence of the Constituent Assembly is manifested,
finally, in the provisions which it adopted relating to the organization
of justice. We know that in Germany justice, particularly such as is
regulated by the laws on the organization of justice, the Code of Civil
Procedure, the Code of Criminal Procedure, is administered by the
tribunals of the states. The Reich had only one judicial organism, the
_Reichsgericht_, whose powers are in principle similar to those of the
_Cour de Cassation_ (the highest court of appeal in France). The new
Constitution has changed nothing in this system. A proposal submitted
in committee for the purpose of giving the Reich full control over the
administration of justice and making all judges functionaries of the
Reich, was defeated. Now as before the sole authority of the Reich in
this domain lies in the _Reichsgericht_.
But the Constitution has introduced a new judicial organism whose
authority extends over all important cases of a national scope, and
constitutes thereby a powerful element in centralization: that is the
High Court of Justice. The task of organizing this Court is left by the
Constitution to a special law. Until this law enters into effect the
powers of this Court are entrusted to a senate of seven members, of which
four are nominated by the Reichstag and two by the Reichsgericht.
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