Comparison of the Weimar and FRG constitution

Weimar constitution 1919 / FRG constitution 1949
PRESIDENT / Art. 41 (1): The president of the Reich shall be elected by the whole German people.
directly elected for 7-year-term
unlimited reelection
-appoints/dismisses Chancellor + ministers
-dissolves Reichstag + arranges for new election
-commands army
-Art. 48
=> “Ersatzkaiser” / Art. 54: The Federal President shall be elected by the Federal Convention without debate.
elected for 5-year-term
onlyone reelection possible
-ceremonial/ supervisory duties  sign federal laws
-gives direction to important political and societal debates
-some important “reserve powers” in case of political instability
-non-partisan after assuming office (Art. 55)
=> representative authority
CHANCELLOR / Art. 52: The Reich Government shall consist of the Chancellor and ministers of the Reich.
appointed/ dismissed by the President
needs confidence of the Reichstag
-proposes laws
=> weak position / Art. 62: The Federal Government shall consist of the Federal Chancellor and the Federal ministers.
elected by Bundestag for 4-year-term needs absolute majority
accountable to Bundestag as regards government action
commands armed forces in case of attack on Germany (Art. 115b)
use vote of confidence
right to ask president to dissolve parliament
forms Federal Cabinet  proposes ministers to the President
power to determine policy guidelines (Art. 65)
=> executive power
REICHSTAG/ BUNDESTAG / representatives of parties
directly elected by people every four years

Tasks:
-enact laws
-control government
-could pass vote of noConfidence (head of state had to be replaced)
-could be dissolved by President but new electionshad to be reelected within 60 days
-Art. 48 -> does not have to be askedin emergency measures
Legislative power
Imperial Assembly (Reichsrat):
-Representatives of Federal States
-Right to veto laws (but could be outvoted by Reichstag)
-Could propose laws / Art. 38 (1): Members of the German Bundestag shall be elected in general, direct, free, equal and secret elections.
representatives of the parties
directly elected by peopleevery four years
Tasks:
-enact federal laws
-elects Federal Chancellor
-elects several important positions in government
-controls government (chancellor, ministers, president)
Legislative power
Federal Assembly (Bundesrat):
-representatives of Federal States (Bundesländer)
-has to accept all laws concerning Federal States
if rejected, law sent back to Bundestag
Federal Convention (Bundesversammlung):
-Representatives of Bundestag &
-equal number of representatives chosen by the Federal States (Bundesländer)
-elects Head of State (President)
VOTING SYSTEM / eligible population -> men and women over 20
-general, equal, direct, secret (Art. 22)
-relative majority vote
-direct election of the President
-direct election of the Reichstag
-direct election of state parliaments / eligible population -> men and women over 18 (since 1972)
-general, immediate, free, equal, secret (Art.38)
election of National Parliament:
-direct election of the Bundestag (relative majority)
-Bundesrat represented by deputies from state parliaments
SUPREME COURT/ FEDERAL CONSTITUTIONAL COURT / Art. 102: Judges are independent and responsible only to the law.
-Appointed by President
Tasks:
-declare if an act is un-/Constitutional
-decide on disputes betweenEmpire and Federal States
demanding a new hearing at another court after a Judgment (Berufungsgericht)
judiciary / Art. 21 (2): The Federal Constitutional Court shall rule on the question of unconstitutionality.
Tasks:
- litigation (Rechtsstreitigkeiten) concerningconstitution
-secure principles ofconstitution
judiciary
POLITICAL PARTIES / -parties splitting up
nearly 30 parties during existence of Weimar Republic
coalitions to form a majority government
failed due to different interests
-radical parties
enforce own ideologies, no compromises
most parties against democracy
-no parties can be forbidden / -barring clause: 5% votes to get a mandate
-Art. 21 (1): [Political Parties’] internal organization must conform to democratic principles.
Art. 21 (2): [If they] seek to undermine or abolish the free democratic basic order […], they shall be unconstitutional.
REFERENDA / 10% of electorate needed to sign petition in favour of a proposal
 if Reichstag dismisses the proposal => referendum allows people to vote with ‘Yes’/’No’ on issue  50% of electorate needed to approve / Change of stateterritories
 referendum in concerned territory
 majority = 25% of population entitled to vote
BASIC RIGHTS / Listed in Articles 109-118
-Constraint of basic rights possible through Article 48
Liberty, freedom of speech, will, etc. / Listed in Articles 1-20 (definition of values & principles)
-Everyone has to respect these rights & must do anything to secure them
-No way to change basic rights
-Possibility to sue if basic rights are violated
Militant democracy

Sources:

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Books:

-Horizonte II (Westermann)

-Germany 1848-1991 (Collins)

-Abikompaktwissen Geschichte (Klett)

-Grundriss der Geschichte - Die Neuste Zeit (Blutenburg-Verlag)

-Grundwissen Geschichte (Klett)