[EM] 1919 (Weimar) and 1949 Germany Constitutions

[DEMOREP1 at aol.com]

D- Some info about the 1919 (Weimar) and 1949 (old West) Germany 
Constitutions with the latter incorporating the old East Germany after German 
reunification.
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http://www.uni-wuerzburg.de/law/gm01000_.html

Germany - Weimar Constitution (Extracts)
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{ Adopted on: 11 Aug 1919 }
{ ICL Document Status: 11 Aug 1919 }

{ There seems to be no complete translation of the Weimar Constitution 
in print or on the Internet. Therefore, we are working on an edition. 
This will take some time because the planned edition should also reflect 
all changes to the Constitution and have some commentary regarding the 
most controversial provisions. Those who are interested in getting an 
e-mail notice when the work is completed may sign up at 
law at mail.uni-wuerzburg.de. }

{ These are some related sources regardign the Weimar Republic and the 
Weimar Constitution:
A. Kaes et. al. (eds.), The Weimar Republic Sourcebook, Berkeley 1994; 
P.C. Caldwell, Constitutional Theory in the Weimar Republic: 
Positivists, Anti-Positivists, and the Democratic Welfare State, Ann 
Arbor 1993; P.C. Caldwell, Popular Sovereignty and the Crisis of German 
Constitutional Law: The Theory and Practice of Weimar Constitutionalism, 
Durham 1997; P.C. Caldwell/W.E. Scheuerman, From Liberal Democracy to 
Fascism: Legal and Political Thought in the Weimar Republic, Boston 
et.al. 2000; Arthur Jacobson/Bernhard Schlink (eds.), Weimar. A 
Jurisprudence of Crisis, 2001; Anton Kaes/Martin Jay/Edward Dimendberg 
(eds.), The Weimar Republic Sourcebook, 1994. }
*********

http://www.uni-wuerzburg.de/law/gm00000_.html

Germany - Constitution
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{ Adopted on: 23 May 1949 }
{ ICL Document Status: 16 July 1998 }

{ Editor's Note
The ICL-edition was originally based on an older translation provided by 
the embassy press and information office. That raw text has been 
extensively changed and adapted to ICL format and language standards. 
All amendments up to and including the 46th Amendment on 16 July 1998 
have been translated and included by ICL into this consolidated edition.
To prepare the text for the search engine, we have translated 'Länder' 
as 'States', 'Bundestag' as 'House of Representatives', 'Bundesrat' as 
'Senate', 'Bundesbank' as 'Federal Bank'. This does in no way imply any 
similarity of those institutions with the respective U.S. organs. The 
German terms have been added in square brackets to clarify the matter.
Warning: There are a number of colorful editions in the internet which 
are based on outdated text without mentioning it. The German 
Constitution is being changed frequently and substantially (e.g., 
Article 13 in 1998). Therefore, knowing the document status is of utmost 
importance to legal scholars. } 

***
[D- Political structure excerpts.  There is NO specific mention of 
proportional representation -- especially in Art. 38 below. Note also the 
gerrymander effects in Art. 51.]

Article 21 [Political parties]
(1) The political parties participate in the forming of the
political will of the people. They may be freely established. Their 
internal organization must conform to democratic principles. They have 
to publicly account for the sources and use of their funds and for their 
assets.
(2) Parties which, by reason of their aims or the behavior of their 
adherents, seek to impair or abolish the free democratic basic order or 
to endanger the existence of the Federal Republic of Germany are 
unconstitutional. The Federal Constitutional Court decides on the 
question of unconstitutionality.
(3) Details are regulated by federal statutes.
***
Article 28 [Guarantee of self-government]
(1) The constitutional order in the States [Länder] must conform to the 
principles of the republican, democratic, and social state under the 
rule of law, within the meaning of this Constitution. In each of the 
States [Länder], counties, and communes, the people has to be 
represented by a body chosen in general, direct, free, equal, and secret 
elections. During elections in counties and communes, persons who 
possess the citizenship of a European Community country are eligible to 
vote and being elected according to the laws of the European Community. 
In communes, the communal assembly can take the place of an elected 
body.
(2) The communes must be guaranteed the right to regulate, on their own 
responsibility, all the affairs of the local community within the limits 
set by statute. Within the framework of their statutory functions, the 
associations of communes have such right to self-government as may be 
provided by statute. The right to self-government also encompasses the 
foundations of financial accountability; part of this foundation is the 
communes' right to raise their tax shares according to local economic 
performance.
(3) The Federation ensures that the constitutional order of the States 
[Länder] conforms to the basic rights and to the provisions of 
Paragraphs (1) & (2).
***
Article 33 [Equal political status of all Germans]
(1) Every German has in every State [Land] the same political rights and 
duties.
(2) Every German is equally eligible for any public office according to 
his aptitude, qualifications, and professional achievements.
(3) Enjoyment of civil and political rights, eligibility for public 
office, and rights acquired in the public service are independent of 
religious denomination. No one may suffer any disadvantage by reason of 
his adherence or non-adherence to a denomination or to a philosophical 
persuasion.
(4) The exercise of state authority as a permanent function is, as a 
rule, entrusted to members of the public service whose status, service 
and loyalty are governed by public law.
(5) The law of the public service is regulated with due regard to the 
traditional principles of the professional civil service.
***
Article 38 [Elections]
(1) The deputies to the German House of Representatives [Bundestag] are 
elected in general, direct, free, equal, and secret elections. They are 
representatives of the whole people, not bound by orders and 
instructions, and subject only to their conscience.
(2) Anyone who has attained the age of eighteen years is entitled to 
vote; anyone who has attained majority is eligible for election.
(3) Details are regulated by a federal statute.

Article 39 [Assembly and legislative term]
(1) The House of Representatives [Bundestag] is elected, except for the 
following provisions, for a four-year term. Its legislative term ends 
with the assembly of a new House of Representatives [Bundestag]. The new 
election are held forty-six months at the earliest, and forty-eight 
months at the latest after the beginning of the legislative term. Where 
the House of Representatives [Bundestag] is dissolved, the new election 
is held within sixty days.
(2) The House of Representatives [Bundestag] assembles, at the latest, 
on the thirtieth day after the election.
(3) The House of Representatives [Bundestag] determines the termination 
and resumption of its meetings. The President of the House of 
Representatives [Bundestag] may convene it at an earlier date. He does 
so where one third of its members or the President or the Chancellor so 
demand.
***
Article 51 [Composition]
(1) The Senate [Bundesrat] consists of members of the State governments 
which appoint and recall them. Other members of such governments may act 
as substitutes.
(2) Each State [Land] has at least three votes; States [Länder] with 
more than two million inhabitants have four, States [Länder] with more 
than six million inhabitants five, and States [Länder] with more than 
seven million inhabitants six votes.
(3) Each State [Land] may delegate as many members as it has votes. The 
votes of each State [Land] may be cast only as a block vote and only by 
members present or their substitutes.
***
Article 54 [Election]
(1) The President is elected, without debate, by the Federal Convention. 
Every German who is entitled to vote in House of Representatives 
[Bundestag] elections and has attained the age of forty years is 
eligible for election.
(2) The term of office of the President is five years. Reelection for a 
consecutive term is permitted only once.
(3) The Federal Convention consists of the members of the House of 
Representatives [Bundestag] and an equal number of members elected by 
the parliaments of the States [Länder] according to the principles of 
proportional representation.
(4) The Federal Convention meets no later than thirty days before the 
expiration of the term of office of the President or, in the case of 
premature termination, not later than thirty days after that date. It is 
convened by the President of the House of Representatives [Bundestag].
(5) After the expiration of a legislative term, the period specified in 
Paragraph (4) 1 begins with the first meeting of the House of 
Representatives [Bundestag].
(6) The person receiving the votes of the majority of the members of the 
Federal Convention is elected. Where such majority is not obtained by 
any candidate in two ballots, the candidate who receives the largest 
number of votes in the next ballot is elected.
(7) Details are regulated by a federal statute.
***
Article 62 [Composition]
The Government consists of the Chancellor and the Ministers.

Article 63 [Election and appointment of the Chancellor]
(1) The Chancellor is elected, without debate, by the House of
Representatives [Bundestag] upon the proposal of the President.
(2) The person obtaining the votes of the majority of the members of the 
House of Representatives [Bundestag] are elected. The person elected is 
appointed by the President.
(3) Where the person proposed is not elected, the House of 
Representatives [Bundestag] may elect within fourteen days of the ballot 
a Chancellor by more than one half of its members.
(4) Where no candidate has been elected within this period, a new ballot 
takes place without delay in which the person obtaining the largest 
number of votes is elected. Where the person elected has obtained the 
votes of the majority of the members of the House of Representatives 
[Bundestag], the President appoints him within seven days of the 
election. Where the person elected did not obtain such a majority, the 
President, within seven days, either appoints him or dissolves the House 
of Representatives [Bundestag].
***
Article 79 [Amendment of the Constitution]
(1) This Constitution can be amended only by statutes which expressly 
amend or supplement the text thereof. In respect of international 
treaties, the subject of which is a peace settlement, the preparation of 
a peace settlement or the phasing out of an occupation regime, or which 
are intended to serve the defence of the Federal Republic, it is 
sufficient, for the purpose of clarifying that the provisions of this 
Constitution do not preclude the conclusion and entry into force of such 
treaties, to effect a supplementation of the text of this Constitution 
confined to such clarification.
(2) Any such statute requires the consent of two thirds of the members 
of the House of Representatives [Bundestag] and two thirds of the votes 
of the Senate [Bundesrat].
(3) Amendments of this Constitution affecting the division of the 
Federation into States [Länder], the participation on principle of the 
States [Länder] in legislation, or the basic principles laid down in 
Articles 1 and 20 are inadmissible.

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