Obrázky stránek
PDF
ePub

If they become candidates for a seat in these bodies the necessary leave shall be granted them to prepare for their election.

ARTICLE 40. The members of the Reichstag shall have the right of free transport over all German railway lines, and also compensation as prescribed by a national law.

THE NATIONAL PRESIDENT AND THE GOVERNMENT.

ARTICLE 41. The President of the Republic shall be chosen by the whole German people. Every German who has completed his thirty-fifth year is qualified for election. Further details are determined by a national law.

ARTICLE 42. The National President, on assuming his office before the Reichstag, shall take the following oath:

I swear to consecrate all my energy to the welfare of the German people, to increase its advantages, to avert its injury, to preserve the Constitution and the laws of the nation, to fulfill my duties conscientiously, and to deal justly with all.

The addition of a religious declaration shall be permissible. ARTICLE 43. The duration of the President's tenure of office

shall be seven years. Re-election shall be permissible.

Before the expiration of his term the President may be deposed by a referendum, at the request of the Reichstag. The decision of the Reichstag shall require a two-thirds majority vote. Through such decision the President shall be prohibited from further exercise of his office. Rejection of his deposition by a referendum shall count as a new election and entail the dissolution of the Reichstag.

The National President shall not be subject to prosecution without the sanction of the Reichstag.

ARTICLE 44. The President may not at the same time be a member of the Reichstag.

ARTICLE 45. The President shall represent the nation in matters of international law. He shall in the nation's name conclude alliances and other treaties with foreign powers. He shall accredit and receive Ambassadors.

Declaration of war and conclusion of peace shall be subject to national law.

Alliances and treaties with foreign States, related to subjects covered by national law, shall require the approval of the Reichstag. ARTICLE 46. The President shall appoint and dismiss Govern

ment officials and military officers, if not otherwise provided by law. He can exercise this right of appointment or dismissal through other officials.

ARTICLE 47. The President has supreme command over all the military forces of the nation.

ARTICLE 48. If any State shall not fulfill the duties prescribed for it by the Constitution or by Government laws the President of the Republic may hold it to such fulfillment with the aid of armed power.

The President, in the event that public security and order in the German Nation should be considerably disturbed or endangered, may take all necessary measures to re-establish such public security and order, and, if required, to intervene with the aid of armed power. To this end he may provisionally abrogate, in whole or in part, the fundamental laws established in Articles 114, 115, 117, 118, 123, 124, and 153.

The President must immediately inform the Reichstag of all measures provided for by Paragraphs 1 or 2 of this article. These measures may be revoked at the demand of the Reichstag.

In case of danger from delay the Provincial Government may take provisional measures of the kind mentioned in Paragraph 2 for its own territory. These measures may be revoked at the demand of the President of the republic or of the Reichstag. Details are provided by a Government law.

ARTICLE 49. The President of the Republic shall exercise for the Government the right of pardon. Government amnesties require a national law.

ARTICLE 50. All arrangements and dispositions of the President of the Republic, including those concerning the army, to become valid must be countersigned by the Prime Minister or by duly qualified Government Ministers. Responsibility shall ensue upon this countersigning.

Republic, in case he is National Chancellor. If time, this representation The same provision shall

ARTICLE 51. The President of the incapacitated, shall be represented by the such incapacity last for any considerable shall be regulated by a Government law. apply in case of a premature vacancy of the Presidency until the new elections are completed.

ARTICLE 52. The administration of the Government shall consist of the National Chancellor and the Government Ministers.

ARTICLE 53. The Chancellor, and at his suggestion the Ministers of the Government, shall be appointed and dismissed by the President of the Republic.

ARTICLE 54. The Chancellor and the Government Ministers shall require the confidence of the Reichstag for the fulfillment of their office. Any of them must withdraw in the event that the Reichstag by explicit resolution withholds its confidence.

ARTICLE 55. The Chancellor shall preside in the Government Administration and shall conduct its affairs in accordance with an order of business, which shall be determined by the Administration and approved by the President of the Republic.

ARTICLE 56. The Prime Minister shall determine the line of policy and shall assume responsibility therefor to the Reichstag. Within this line each and every Government Minister shall conduct independently the field of activity alloted to him, assuming his own responsibility to the Reichstag.

ARTICLE 57. The Ministers of Government are charged to lay before the Government Administration for discussion and decision all drafts of law, all matters so prescribed by Constitution or law, and all differences of opinion over various questions which concern the functions of several Government Ministers.

ARTICLE 58. The Government Administration shall ratify its decisions on the basis of majority vote. In case of a tie the vote of the presiding officers shall be decisive.

ARTICLE 59. The Reichstag is empowered to enter a complaint before the Supreme Court of the German Nation against the President of the Republic, the Prime Minister and the Government Ministers, on the ground of their having violated the Constitution or a Government law. The proposal to initiate this complaint must be signed by at least 100 members of the Reichstag and requires the approval of the majority prescribed for alteration of the Constitution. Other details will be regulated by the Government law applying to the National Supreme Court.

THE NATIONAL COUNCIL.

ARTICLE 60. A National Council (Reichsrat) shall be formed for representation of the German States in national legislation and administration.

ARTICLE 61. In the National Council every State shall have at least one vote. In the case of the larger States one vote will be accorded to every million inhabitants. Any excess equal at least to the population of the smallest State will be estimated as equal to a full million. No State shall be represented by more than twofifths of all votes.

German-Austria, after its union with the German Nation, shall receive the right of participation in the National Council with the number of votes corresponding to its population. Until that time the representatives of German-Austria shall have a deliberative voice. The number of votes shall be newly determined through the National Council after every general census.

ARTICLE 62. In committees formed by the National Council from its own members, no State shall have more than one voice.

ARTICLE 63. The States shall be represented in the National Council through members of their respective Governments. But half of the Prussian votes will be disposed of according to a State law, by the Prussian Provincial Administrations.

The States shall have the right to send as many representatives to the National Council as they have votes.

ARTICLE 64. The Government Administration shall be bound to summon the National Council at the demand of one-third of its members.

ARTICLE 65. The Presidency of the National Council and of its committees shall be filled by a member of the Government Administration. The members of the Government Administration shall have the right, and, on demand, the duty, to participate in the dealings of the National Council and its committees. During its sittings they shall, if they so desire, be given a hearing at any time.

ARTICLE 66. The Government Administration, as well as every member of the State Council, are authorized to make proposals in the National Council. The National Council shall regulate the conduct of its proceedings through an order of business. The plenary sessions of the National Council shall be public. According to the order of business, the public may be excluded for special objects of discussion. A simple majority of the voters shall be decisive in

voting.

ARTICLE 67. The National Council shall be kept informed by the National Ministries of the conduct of national business. The proper committees of the National Council shall be summoned by the National Ministries for deliberations over important subjects.

NATIONAL LEGISLATION.

ARTICLE 68. Projects of legislation shall be introduced by the Government or from the body of the Reichstag. The laws of the nation shall be determined by the Reichstag.

ARTICLE 69. The introduction of legislative projects by the Government Administration shall require the assent of the National Council. In the event that the Government Administration and the National Council shall not agree, the Government Administration may nevertheless introduce the project, but shall be bound to record the dissent of the National Council.

In case the National Council approve a project of legislation and the Government Administration disapprove it, the latter shall introduce the project in the Reichstag with an exposition of its own standpoint.

ARTICLE 70. The National President shall make a compilation of all laws created according to the Constitution and within one month publish it in the Government Legislative Record.

ARTICLE 71. All Government laws shall come into force, unless otherwise specified, on the fourteenth day following the date of the issue of the Government Legislative Record in the nation's capital.

ARTICLE 72. The publication of a Government law may be deferred for two months, if so demanded by one-third of the Reichstag. Laws which the Reichstag and the National Council declare as urgent may be published by the President of the republic without regard to such demand.

ARTICLE 73. A law approved by the Reichstag must be referred to the people before its publication if the President of the Republic so decrees within a month. A law whose publication is deferred at the demand of at least one-third of the Reichstag must be laid before the people for decision, if one-twentieth of qualified voters make such proposal.

A referendum shall further be resorted to if one-tenth of qualified voters express the desire that a project of law shall be proposed. A fully elaborated project of law must be the basis of such desire. The Government must lay this project of law before the Reichstag and explain its own stand regarding it. The referendum shall not occur if the desired project of law is accepted by the Reichstag without alteration. Only the President of the Republic may call a referendum for matters concerning the budget, tax laws, and salary payments. A national law shall regulate the procedure to be followed in a referendum or a project of law desired by the people.

ARTICLE 74. The National Council shall have the right of veto against laws approved by the Reichstag. This veto must be entered before the Reichstag by the Government within two weeks after ratification, and within two further weeks at the latest must be circumstantiated.

« PředchozíPokračovat »