Germany -- History -- Revolution, 1918; Germany -- Politics and government -- 1918-1933
[J] This article of the Constitution had been amended by the addition of
the words in italics: "The generally accepted principles of
international law _the pronouncements of the League of Nations and the
provisions of Treaties_ have binding force as German Constitutional
Law." It has now been amended back by their omission.
CHAPTER VII
THE CONSTITUTION
Looking at the new German Constitution, without troubling about its
inner meanings, and comparing it with the Constitution of 1871, we are
struck at once by the very considerable advance it represents in
democratic development. One need not be a constitutional lawyer to
assert with confidence that this is the most democratic Constitution
possessed by any of the principal European peoples, and to add that it
seems to have avoided many of the mistakes that have been marked in
other Republican Constitutions, whether American, French, Portuguese
or Russian. The President's powers, for example, and the relation of
the Ministry to Parliament suggest that Dr. Preuss, the constitutional
jurist responsible for its drafting and elaboration, had studied
foreign constitutional history with a Prussian thoroughness and a
Hebrew perspicacity.
But a closer study of this Constitution will give us a different view
of it. And this view will depend on whether we study it in the light
of its development from the Revolution or of its difference from the
_ancien régime_. If we compare it with the principles of the
revolution we shall be tempted to condemn and reject it, like the
German Revolution, as mere camouflaged reaction. It would certainly
have been a very different document had it been produced in the first
weeks of November. The Revolution, in so far as it had a
constitutional conception at all, contemplated a "Räte system" (that
is a Council Government), which should secure political power to the
proletariat under a Central Committee, on the Russian model. If it had
admitted Parliamentary institutions at all they would only have been
subordinate to Council control. As to any survival of the old State
sovereignties, they were looked on as having disappeared with the
State dynasties from which they had originated. Thus the Erfurt
proclamation of the Thuringian States on December 10th, 1918, proposed
that the motley medley of those petty principalities be unified into
one administrative department of a centralised Republic.
Public-domain text, read in full here on John Shaqi.
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