THE GERMAN CONSTITUTION, 1919.1 ["British and Foreign State Papers," vol. 112 (1919), pp. 1063-1094. An accessible translation is that published by H.M. Stationery Office, 1919. Extracts from this version are given below.] This Constitution has been framed by the united German people, inspired by the determination to restore and establish their Federation upon a basis of liberty and justice, to be of service to the cause of peace both at home and abroad, and to promote social progress. PART I. CONSTRUCTION AND DUTIES OF THE FEDERATION. SECTION I. FEDERATION AND STATES. Article 1. The German Federation is a Republic. Article 2. The Federal territory consists of the territories of the German States. Other territories may, by Federal law, be admitted within the Federation, if desired by their population, in virtue of the right of self-determination. 1A declaration that all provisions of their Constitution which are in contradiction with the terms of the Treaty of Peace are null and void, was signed on the 22nd September, 1919, at Paris by the acting Head of the German Delegation. Article 3. The Federal colours are black, red and gold. The commercial flag is black, white and red, with the Federal colours in the upper inside corner. Article 4. The universally recognized rules of International Law are valid as binding constituent parts of German Federal Law. Article 5. The executive power is exercised in Federal affairs through the institutions of the Federation, in virtue of the Federal constitution, and in State affairs by the officials of the States, in virtue of the constitutions of the States. Article 6. The Federal Government has sole legislative power as regards: 1. Foreign relations; 2. Colonial affairs; 3. Nationality, right of domicile, immigration, emigration and extradition; 4. Military organization; 5. The monetary system; 6. The customs department, as well as uniformity in the sphere of customs and trade, and freedom of commercial intercourse; 7. The postal and telegraph services, including the telephone service. Article 7. The Federal Government has legislative power as regards: 1. Civic rights; 2. Penal power; 3. Judicial procedure, including the carrying out of sentences, as well as official co-operation between authorities; 4. The passport office and the police supervision of foreigners; 5. The poor-law system and the provision for travellers; 6. The Press, trades-unions and the right of assembly; 7. The population question, and the care of motherhood, infants, children and young persons; 8. The health and veterinary departments, and the protection of plants against disease and damage from pests; 9. Labour laws, the insurance and protection of the workers and employees, together with Labour Bureaux; 10. The organization of competent representation for the Federal territory; 11. The care of all who took part in the war, and of their dependants; 12. The law of expropriation; 13. The formation of associations for dealing with natural resources and economic undertakings, as well as the production, preparation, distribution and determination of prices of economic commodities for common use; 14. Commerce, the system of weights and measures, the issue of paper money, banking affairs and the system of exchange; 15. Traffic in foodstuffs and luxuries, as well as in articles of daily necessity; 16. Industry and mining; 17. Insurance matters; 18. Navigation, deep sea and coastal fishery; 19. Railways, inland waterways, motor traffic by land, water and air, as well as the construction of high-roads, so far as this is concerned with general traffic and home defence; 20. Theatres and cinemas. Article 8. Further, the Federal Government has legislative power as regards taxes and other sources of revenue, in so far as they are claimed wholly or in part for Federal purposes. Where the Federal Government demands taxes or other sources of revenue hitherto appertaining to the various States, it must take into consideration the maintenance of the vitality of those States. Article 9. Where there is need for the issue of uniform regulations, the Federal Government has legislative power as regards: 1. Sanitary administration; 2. The maintenance of public order and safety. Article 10. In the course of legislation, the Federal Government may draw up regulations for: 1. The rights and duties of religious societies; 2. Public instruction, including universities, and the department of scientific literature; 3. The rights of the officials of all public corporations; 4. The land laws, the distribution of land, questions regarding colonization settlements, the tenure of landed property, the housing question and the distribution of the population; 5. Questions regarding burial. Article 11. In the course of legislation, the Federal Government may draw up regulations as to the admissibility and mode of collection of State taxes, in so far as they are requisite for the purpose of preventing : 1. Loss of revenue or action prejudicial to the commercial relations of the Federation; 2. Double taxation; 3. Charges for the use of public lines of communication and their accessories, which are excessive, and constitute a hindrance to traffic; 4. Assessments which are prejudicial to imported goods, as opposed to home products, in dealings between the separate States and parts of a State, or 5. Bounties on exportation, or for the protection of important social interests. Article 12. So long and in so far as the Federal Government does not make use of its legislative power, the States retain that power for themselves. This does not apply to the exclusive legislative power of the Federal Government. The Federal Government has the right of veto in respect of any laws of a State which refer to subjects included in Article 7, paragraph 13, in so far as the welfare of the community in general is thereby affected. Article 13. Federal law overrides State law. Where there exists any doubt or difference of opinion as to whether a regulation of State law is compatible with Federal law, an appeal may be made by the competent Federal or State authorities to the decision of the highest tribunal of the Federation for a more exact interpretation of the Federal law. Article 14. Federal laws are carried into execution by the State authorities, unless these laws decree otherwise. Article 15. The Federal Government exercises control in those affairs in which it holds the legislative power. In so far as Federal laws are carried into execution by State authorities, the Federal Government may issue general instructions. For the purpose of supervision of the execution of Federal laws, the Government is empowered to despatch commissioners to the State central authorities, and, with their consent, to the subordinate authorities. It is the duty of the State Governments, at the request of the Federal Government, to remedy defects observed in the execution of Federal laws. In case of differences of opinion, both the Federal Government and the State Government may appeal to the decision of the Supreme Court of Judicature, where no other court has been determined by Federal law. Article 16. Officials entrusted with the direct Federal administration in the various States shall, as a rule, be natives of the State in question. Officials, employees and workmen of the Federal administration shall, if they desire it, be employed as far as possible in their native districts, unless considerations of training or the exigencies of the service are opposed to this course. |