Simone Lawson
Following the German Revolution of 1918, the Constitution of the German Empire was replaced by the Weimar Constitution, drafted by lawyer and liberal politician Hugo Preuss. The assembly that adopted the Weimar Constitution met in the city of Weimar from 6 February to 11 August 1919, and the government they created became known as the Weimar Republic.
| Characteristics | Values |
|---|---|
| Name of the Constitution | Weimar Constitution |
| Year | 1919 |
| City | Weimar |
| Date of Promulgation | 11 August 1919 |
| Date of Effect | 14 August 1919 |
| Person who signed the Constitution | Friedrich Ebert |
| Person who drafted the Constitution | Hugo Preuss |
| Type of Republic | Semi-presidential |
| Type of Government | Federal |
| Type of Election | Universal suffrage |
| Voting Rights | Extended to all men and women over 20 years of age |
| Legislative Body | Parliament or Reichstag |
| Executive Body | President |
| Judicial Body | Supreme Judicial Court |
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What You'll Learn
The Weimar Constitution
Articles 102 to 108 established the justice system of the Weimar Republic. The principal provision mandated judicial independence, with judges being responsible only to the law. Extraordinary courts were prohibited, and military courts were only allowed during wartime and aboard warships. The second part of the Weimar Constitution laid out the basic rights and obligations of Germans, guaranteeing individual rights such as freedom of speech, assembly, and habeas corpus.
Article 48 of the Weimar Constitution gave the president the authority to rule by decree in a state of emergency, bypassing the elected Reichstag. However, it did not provide a clear definition of what constituted an 'emergency', leading to its misuse and a weakening of Germans' confidence in democracy. This article was later used by President Paul von Hindenburg and Chancellor Adolf Hitler to legally abolish most of the civil liberties granted in the Weimar Constitution, facilitating the establishment of a dictatorship.
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Lawyer Hugo Preuss
The Weimar Constitution, drafted in the city of Weimar, was written by the Jewish lawyer and liberal politician Hugo Preuss (1860-1925). Preuss was born in Berlin to a family of merchants and studied law in Berlin and Heidelberg. He completed his doctorate at the University of Göttingen and subsequently joined the faculty of the University of Berlin as a "private lecturer". This was a special status of senior lecturer without a formal position but with teaching obligations.
Preuss remained in this position for 15 years, as Jews were not awarded the status of professor unless they agreed to convert to Christianity. In 1895, he became a member of the Berlin City Council and published the first volume of Die Entwicklung des deutschen Städtewesens ("The Development of German Urban Areas"). In 1906, Preuss was finally hired as a professor of law at a private trade school in Berlin. From 1910 to 1918, he was an honorary city councillor for the Progressive People's Party (FVP) and contributed to the project that would become the Greater Berlin Act.
In 1918, Preuss was one of the founders of the German Democratic Party (DDP), alongside Walther Rathenau. Shortly after the abdication of Emperor Wilhelm II during the German Revolution of 1918-1919, Preuss called on the middle classes to "accept facts" and cooperate in creating a republic. On 15 November 1918, the head of the revolutionary government, Friedrich Ebert of the Social Democratic Party of Germany (SPD), appointed Preuss state secretary of the Ministry of the Interior.
Preuss's draft of the Weimar Constitution was based on three principles: all political authority belongs to the people; the state should be organized on a federal basis; and the Reich should form a democratic Rechtsstaat (state based in law) within the international community. He also drew influence from Robert Redslob's theory of parliamentarianism, which called for a balance between the executive and legislative branches under either a monarch or the people as sovereign.
The National Assembly quickly moved through the draft constitution, with most debates concluded within a single session and without public discussion. On 31 July 1919, the assembly adopted the new constitution by a vote of 262 to 75, with 1 abstention. The constitution was then signed by Friedrich Ebert, becoming effective on 14 August 1919. Preuss's contribution to the Weimar Constitution was so significant that he is considered the "father" of the constitution of the Weimar Republic.
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German National Assembly
The German National Assembly, also known as the Weimar National Assembly, was responsible for overseeing the constitutional process after World War I. The assembly met in the city of Weimar from February 6 to August 11, 1919, to draft the Weimar Constitution, which was Germany's first democratic constitution. The National Assembly was made up of people with diverse beliefs, including some who did not believe in democracy at all.
The Weimar Constitution replaced the Constitution of the German Empire, which had been in place since the unification of Germany in 1871. The German Empire lasted through the First World War until the German Revolution of 1918, which led to the establishment of the Weimar Republic. The Weimar Republic, officially known as the German Reich, was Germany's first attempt at a constitutional republic. It was a federal semi-presidential republic with a parliament whose lower house, the Reichstag, was elected by universal suffrage using proportional representation. The upper house, the Reichsrat, was appointed to represent the interests of the federal states.
The National Assembly worked quickly through the draft constitution, with most debates concluded within a single session and without public discussion. The basic format of the government was structured around a president, a chancellor, and a parliament or Reichstag. The president held strong powers and was to be elected independently of the Reichstag by the nation itself for a term of seven years, with the possibility of re-election. The president had the power to make alliances and treaties, served as the supreme commander of the armed forces, and had the right to appoint and remove military officers. The chancellor, on the other hand, was responsible to the Reichstag and could be appointed or removed by the president.
The Weimar Constitution also included a significant number of civic rights and freedoms, such as freedom of speech, assembly, and religion. It guaranteed freedom of religion and did not permit the establishment of a state church. Additionally, it established the independence of the judiciary, with judges being responsible only to the law. Extraordinary courts were prohibited, and military courts were only allowed during wartime and aboard warships.
The National Assembly faced the challenging task of creating a government that was acceptable to both the political left and right without being too radical. They had to navigate violent confrontations between left-wing and right-wing extremists, with at least 1,200 Germans dying in street fighting in Berlin in March 1919. Despite these challenges, the National Assembly successfully adopted the Weimar Constitution on July 31, 1919, by a vote of 262 to 75, with one abstention. The constitution was then signed by Friedrich Ebert, the first president of Germany, on August 11, 1919, and became effective on August 14.
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Germany's first republic
Germany's first experiment with democracy, the Weimar Republic, lasted from 1918 to 1933. The name 'Weimar Republic' was derived from the city of Weimar, where the constituent assembly that established its government was hosted. The Weimar Constitution, drafted by lawyer and liberal politician Hugo Preuss, created a federal semi-presidential parliamentary republic with a parliament whose lower house, the Reichstag, was elected by universal suffrage using proportional representation. The appointed upper house, the Reichsrat, represented the interests of the federal states.
The Weimar Republic was formed in the aftermath of World War I, during which Germany suffered a significant loss of human life, with 2 million young men killed and 4.2 million wounded. The post-war economic crisis was a result of lost pre-war industrial exports, the loss of imported raw materials and foodstuffs due to the continental blockade, the loss of Germany's overseas colonies, and worsening debt balances exacerbated by Germany's heavy reliance on bonds to pay for the war. The Treaty of Versailles, signed on 28 June 1919, further contributed to the economic woes, as it reduced Germany's land area and population by 13% and 12% respectively, and imposed severe peace conditions.
The Weimar Constitution included a significant number of civic rights, such as freedom of speech, assembly, and religion. It guaranteed freedom of religion and did not permit the establishment of a state church. The constitution also established the justice system of the Weimar Republic, mandating judicial independence and prohibiting extraordinary courts, except during wartime and aboard warships.
The Weimar Republic was characterized by political turmoil and violence, with attacks from both the extreme right and left. The period saw the rise of far-right, anti-Semitic movements and organizations, including the Nazi Party. The governments of the Weimar Republic were also marked by instability and short terms of office, with political parties deeply rooted in their original social constituencies and reluctant to compromise.
The Weimar Constitution was weakened by a combination of factors, including the Great Depression, the severe peace conditions of the Treaty of Versailles, and unstable governments. This discontent with the Weimar government fueled the rise of the Nazi Party, which came into power in the 1930s. Adolf Hitler was appointed Chancellor of Germany on 30 January 1933, and he quickly consolidated power, ending the Weimar Republic and establishing a dictatorship.
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Nazi subversion of the constitution
Germany's constitution after World War I, known as the Weimar Constitution, was drafted in the city of Weimar. The Weimar Constitution was created by lawyer and liberal politician Hugo Preuss, who based his draft on the Frankfurt Constitution of 1849. It was signed by Germany's first president, Friedrich Ebert, on 11 August 1919, and came into effect on 14 August 1919.
The Weimar Constitution established a federal semi-presidential republic with a bicameral parliament. The lower house, the Reichstag, was elected by universal suffrage using proportional representation. The upper house, the Reichsrat, represented the interests of the federal states. The constitution also included a number of civic rights, such as freedom of speech, assembly, and religion.
Now, onto the topic of Nazi subversion of the Weimar Constitution:
The Nazis came to power in Germany during the 1930s, fuelled by discontent with the Weimar government. They took advantage of the weaknesses in the Weimar Constitution to gradually consolidate their power and subvert the democratic system. One example of this was their use of Article 48, which allowed the chancellor to enact laws without the consent of the parliament in times of emergency. On 28 February 1933, a Dutch Communist set fire to the Reichstag building, and this incident was used as a pretext to pass the Enabling Act on 23 March 1933, giving Hitler unrestricted legislative power. This effectively ended the Weimar Republic and its constitutional framework, as Hitler established a centralised totalitarian government.
The Enabling Act allowed Hitler to govern without parliamentary approval and pass laws that contradicted the Weimar Constitution. The Nazis also used aggressive extra-legal measures to intimidate voters and marginalize smaller parties. They replaced the national flag established by the Weimar Constitution with their own and removed symbols of opposition parties from public spaces.
While the Nazis governed Germany under the pretense of constitutionality, they never attempted to formally replace or substantially amend the Weimar Constitution. Instead, they twisted its interpretations and used loopholes to consolidate power and establish an authoritarian regime. The Nazis' subversion of the Weimar Constitution ultimately led to the rise of Nazi Germany and the outbreak of World War II.
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Frequently asked questions
The city of Weimar.
The Weimar Constitution.
The Weimar Constitution was drafted by lawyer and liberal politician Hugo Preuss.
The Weimar Constitution was based on the Frankfurt Constitution of 1849, which was intended for a unified Germany.
The Weimar Constitution established a federal semi-presidential republic with a parliament.
