Jonah Patel
Germany's constitution has a long and complex history, with several iterations over the last two centuries. The Constitution of the German Empire, dated 15 April 1871, was the first constitution, but it was suspended and replaced by the Weimar Constitution, which was considered highly democratic on paper. However, the Weimar Constitution faced legitimacy issues and was manipulated by Hitler to consolidate power. After World War II, Germany was divided into occupation zones, and the Western Allies directed the formation of a Parliamentary Council to draft a provisional constitution, resulting in the West German Constitution or Basic Law, which came into effect in 1949. This Basic Law eventually became the constitution of reunified Germany in 1990.
| Characteristics | Values |
|---|---|
| Name | Weimar Constitution |
| Date | 15 April 1871 |
| Type of government | Mix of presidential and parliamentary systems |
| Election system | Two-round system |
| Powers of the president | Dismiss the chancellor, appoint a chancellor without the Reichstag's support, suspend civil liberties, depose local governments |
| Legitimacy issues | Lacked legitimacy in the eyes of the German people |
| Suspension | Suspended in 1933 by President Paul von Hindenburg when he appointed Adolf Hitler as chancellor |
| Replacement | West German Constitution, also known as the Basic Law |
| Adoption | Approved in Bonn on 8 May 1949 and came into effect on 23 May 1949 |
| Type of constitution | Provisional constitution for West Germany |
| Amendments | Over 60 amendments since 1949, including provisions for rearmament and emergency legislation |
Explore related products
What You'll Learn
The Weimar Constitution
Article 48 of the constitution, the so-called emergency decree provision, gave the president broad powers to suspend civil liberties and use armed force to compel a state to fulfil its obligations under the constitution or Reich law. However, it did not clearly define what an 'emergency' was, and checks and balances proved insufficient in practice. This article was used four times, always targeting left-wing ministers, and was the basis for the Reichstag Fire Decree of 1933, which swept away most of the civil liberties granted in the Weimar Constitution and facilitated the establishment of a dictatorship.
The Constitution's Origin: History and Formation
You may want to see also
Hitler's Machtergreifung
The term "Hitler's Machtergreifung" refers to the process by which Hitler gradually established his dictatorship in Germany, rather than a single event. The process began with his appointment as Chancellor by President von Hindenburg on January 30, 1933, and culminated in his assumption of the powers of the President upon Hindenburg's death in August 1934.
Hitler's appointment as Chancellor came at a time of state instability and widespread dissatisfaction among the German people, who were suffering from the effects of the First World War, including a weak economy, unemployment, poverty, and the loss of loved ones. The Weimar Republic, Germany's first democratic form of government, was unable to effectively address these issues, creating a vacuum that Hitler and the Nazis exploited.
Hitler's initial cabinet included only two other Nazis and eight conservative politicians. However, he immediately set about using all the tools of state power at his disposal to pursue his political opponents and establish his dictatorship. On February 27, 1933, the Reichstag building was set on fire, and the subsequent Reichstag Fire Decree of February 28 suspended basic rights and civil liberties, allowing for the legal persecution of regime opponents. The Enabling Act, passed by a two-thirds majority in the Reichstag, further consolidated Hitler's power by effectively eliminating the parliament's ability to exert any control over him.
Hitler and the Nazis gradually tightened their grip on power, banning opposing organizations, dissolving the federal states, and aligning state institutions with their totalitarian ideology. They also used street terror and propaganda to pursue their goals. The process of "Hitler's Machtergreifung" culminated in his assumption of the powers of the President upon Hindenburg's death, establishing the Führer state and marking the end of any remaining democratic institutions in Germany.
The Supreme Court: Constitution's Child
You may want to see also
The Flensburg government
Dönitz chose Flensburg as his base of operations due to its proximity to Denmark and its relative distance from the Soviet-occupied territories. Flensburg also housed the headquarters of the German navy, providing a semblance of military authority for the nascent government. The sports school at the Mürwik Naval School served as the government headquarters, while administrative offices and accommodation for the various ministries were established on the liner Patria, moored in Flensburg harbour.
The primary goal of the Flensburg Government was to negotiate a partial or conditional surrender, particularly with the Western Allies, in the hope of securing better terms and possibly delaying or preventing Soviet occupation of German territory. Despite their efforts, the Flensburg Government's ability to achieve its objectives was severely limited by the rapidly advancing Allied forces and the total collapse of German infrastructure.
The Constitution: Blacks Excluded?
You may want to see also
Explore related products
The Allied Berlin Declaration
On June 5, 1945, the supreme commanders of the Western powers and their Soviet Union colleague met in Berlin-Wendenschloss and signed the Berlin Declaration, also known as the Declaration Regarding the Defeat of Germany and the Assumption of Supreme Authority by Allied Powers. This declaration marked the unconditional surrender of Germany and the assumption of "supreme authority" by the four victorious Allied Powers: the United States, the Soviet Union, the United Kingdom, and France.
The Berlin Declaration was a response to the military defeat of Germany and asserted the legitimacy of the Allied Powers in determining issues related to Germany's administration and boundaries. It spelled out that after the criminal abuses of Nazism, Germany no longer had a legitimate government or central administration. As a result, the Allied Powers assumed control through the Allied Control Council, acting as occupying forces in their respective zones and jointly in the Allied Control Council for Germany as a whole.
The declaration addressed the surrender of German armed forces and their unconditional surrender, stating that Germany bore responsibility for the war and was no longer capable of resisting the will of the victorious Powers. It also mentioned the need to maintain order and ensure compliance with the requirements of the victorious Powers. Additionally, the declaration addressed the apprehension and surrender of principal Nazi leaders and those suspected of war crimes or analogous offences.
The Berlin Declaration had significant implications for the post-war occupation of Germany. The Potsdam Agreement of 1945 confirmed the establishment of British, American, and French zones of occupation, with the former German territories east of the Oder-Neisse line coming under Polish and Soviet administration. The declaration also impacted the constitutional development of Germany. The Basic Law, or West German Constitution, was approved in 1949 and came into effect on May 23, serving as a temporary constitution for West Germany until reunification in 1990.
James Madison: Constitution's Key Draftsman
You may want to see also
The Basic Law
Amendments have been made to the Basic Law over the years, including the introduction of emergency competencies in 1968 and changes to the distribution of taxes between the federal government and the states. The Basic Law has also been amended to accommodate the reunification of Germany, such as by repealing Article 23, which committed to the unification of East and West Germany.
Arming Teachers: Constitutional Right or Wrong?
You may want to see also
Frequently asked questions
Germany's constitution was suspended by the Reichstag Fire Decree of 1933, which was an important step in Hitler's Machtergreifung. This suspension of human rights would be illegal under Articles 20 and 79 of the Basic Law.
The German constitution, also known as the Basic Law, is a document that lays out the country's fundamental rights and other important regulations. It was approved in 1949 and came into effect on May 23, the same year.
The Weimar Constitution was the predecessor of the Basic Law. It was considered deeply problematic, especially in terms of the extent of presidential powers. Article 48, for instance, gave the president broad powers to suspend civil liberties and depose local governments.
The Weimar Constitution led to the establishment of a constitutional state with fundamental rights. It also created a monarchy, called the "German Empire," with an elected ruler and a successor determined by inheritance. Despite its positive aspects, the Weimar Constitution struggled to gain legitimacy in the eyes of the German people.
