The New German Constitution

by René Brunet

Under the old régime, the Reichstag could not meet or commence its work without having been convoked by the Emperor and expressly opened by him. However, the Constitution provided, that the Reichstag must be convoked at least once every year. But the Emperor had the right to prorogue the assembly; and the latter had not the right to sit and continue its work against the wish of the Emperor. The Emperor’s right in this respect had but one limitation: the prorogation of the Reichstag could not extend beyond thirty days without the consent of the Assembly, and it could not be renewed during the same session. On the other hand, the Reichstag could not conclude its sessions without the consent of the Emperor. It could only interrupt its meetings.

The new Constitution gives the Reichstag the right to convoke itself and to meet of its own accord. It is the Reichstag which decides as to when it is to meet and how long its session is to continue. It is neither convoked nor adjourned by the President of the Reich. According to the Constitution of Weimar the Reichstag meets for the first time no later than the thirtieth day after elections. In addition it is required to meet every year on the first Wednesday in November at the seat of the government. The Reichstag also decides for itself the conclusion of its sessions and the day of its re-assembling. However, the President is bound in two cases to convoke the Reichstag at a time prior to the annual date fixed by the Constitution, or to the date fixed by the Reichstag for its re-assembling. Such situations are (a) when the President of the Reich, (b) when at least a third of the Members of the Reichstag, demand it.

Independent as it is of the Cabinet, the Reichstag must be assured the power freely to deliberate without fear of riots and insurrections. Most governments have no special legislation in regard to this. They leave to the assembly, to which a special guard is assigned, the right to protect itself. Events, however, have demonstrated that in Berlin revolutionaries either of the extreme Left or of the extreme Right become, when they so desire, “masters of the street.” More efficacious measures had to be provided than prevail elsewhere. Accordingly a law was passed by the National Assembly, May 8, 1920, “for the protection of the Palace of the Reichstag and of the Landtag (State Assembly).”[34] This law draws about these palaces a perimeter of protection, within the limits of which no armed troops may penetrate, and it also provides different measures to make these palaces an adequate shelter against any coup de main such as may come at any time from revolutionists.

2. The Members of the Reichstag as individuals enjoy, like the Reichstag as a whole, privileges and guarantees such as are necessary to insure their independence. The situation accorded them in this respect is very analogous to that which other democratic countries assure the members of their popular legislatures. They receive compensation.[35] They are “irresponsible and inviolable.”

2.—THE RULES OF THE REICHSTAG.

Protected against the Cabinet, against insurrections, and against individuals who have designs on their independence, the deputies of the Reichstag can and must organize themselves in such a way as to assure for their labours maximum efficiency. It is imperative that the majority shall be able to impose its will without thereby sacrificing the rights of the minority. To this effect [Article 26] provides, “The National Assembly chooses its President, Vice-President, and its Secretaries. It regulates its own procedure.”

The National Assembly adopted the procedure of the old Reichstag and the new Reichstag seems to have continued it also.

Meanwhile a change of considerable importance has been adopted by the National Assembly. Theretofore the members of the Reichstag were divided by lot into bureaus, and these elected the committees. There are no longer any bureaus; and the essential machinery on which the functioning of the Assembly depends is the group or fraction, each of which consists of all the members of the Reichstag belonging to the same party.

According to the procedure of the Reichstag, no party can constitute such a fraction if it does not have at least fifteen members. To-day it is these groups that nominate the various committees of the Assembly on the basis of proportional representation.[36] The group plays a rôle in Germany much more important than, for example, in France, because of the strict party discipline that prevails in these groups. For every new question brought before the Reichstag each group assembles its members, who discuss among themselves the attitude to take and the way in which the group as a whole is to vote. When the question is most important there are held interfractional meetings. At these meetings are called together either all the members of certain groups, or only trusted men or the chiefs of these groups. Sometimes two or more related groups deliberate in common; sometimes they are the groups of the majority parties. Thus, either in single groups or in common the various political factions decide in advance their line of actions; and when the matter comes up for deliberation in the Assembly, everything is already decided. The public meetings of the Assembly are only a kind of show, in the course of which a speaker for each party generally mounts the tribune to acquaint public opinion with the motives that have determined his group in taking such and such a stand. A certain amount of dramatic interest is thereby lost, but perhaps the element of surprise is replaced by more thoroughly considered and riper decision.

The vote is then proceeded to. Voting by proxy is not recognized. Only those present can take part in the vote, which is theoretically taken “sitting” and “rising.”