The New German Constitution

by René Brunet

The means by which the Reichstag exercises its control over the Cabinet are, with some minor differences in procedure, the same in Germany as in most parliamentary governments.

The Reichstag may, first, demand the presence of the Chancellor or the Ministers at its meetings, whether in committee or in full session. The Chancellor, the Ministers, and the Commissioners have the right to be present at all the meetings of the Reichstag and its committees. The representatives of the Cabinet have the right to be heard on their own demand at the deliberations of the Reichstag even contrary to the order of the day. They are subject to the disciplinary power of the President.

The members of the Reichstag may address questions to the Cabinet. The question must be addressed in writing, and if the author of it agrees, the Cabinet may respond to it in writing. On the other hand, it must not be taken up in public session of the Reichstag except on a Tuesday or Friday at the head of the order of business. It is then read by its author. The Minister interrogated or some one commissioned by the Cabinet replies. But no discussion or motion whatsoever may thereupon at once result on this reply. Only the author of the question may take the floor after the Minister, and then only to complete or to rectify his question. There is naturally no vote taken immediately after the question and it is not permitted to transform a question into an interpellation, as it may be done, for instance, in France.

The parliamentary question seems to play a much smaller rôle in Germany than in England or even in France, if one compares the German procedure on the written question with that of the French. During the first six months of its existence, the National Assembly addressed about 280 questions to the Cabinet, most of them in open session. Most of the Tuesday and Friday sessions commence with a series of questions; some of them with as many as fifteen to twenty questions.

The Constitution does not say one word more on interpellations than on questions; but the first form an essential practice of a parliamentary régime. It existed to a lesser extent under the old régime. It was of necessity retained and developed under the new.

The interpellation must be signed by thirteen members. Thus it is no longer an individual who interpellates, but a party and the individual is only the spokesman for the party. When the interpellation is made the Cabinet declares either that it is ready to answer at once, or it fixes the date of its reply in agreement with the President of the Assembly. In theory this reply must be given within a fortnight. It goes without saying that, in contrast to what the Chancellor permitted himself under the Empire, the Chancellor and the Ministers of the Reich to-day do not use the right, still granted to them by the regulations, to refuse to reply to an interpellation or to refuse to name the date on which they would be disposed to reply.

The interpellation is inscribed on the order of business for the day among the other subjects on which the Assembly is to deliberate. The spokesman of the party who interpellates and the representative of the Cabinet having spoken, no discussion ensues unless at least fifty of the members present demand it. In such a case all those present may in turn take the floor. When all the speakers have finished those present declare the discussion closed and the assembly passes automatically and without vote to the next subject on the order of business.

However, the regulations provide that in the course of the discussion and interpellation motions signed at least by thirty members present may be presented demanding that the assembly declare that the position the Cabinet has taken on the affair which has been made the subject of the interpellation does or does not correspond to the opinions of the Reichstag. The vote is then proceeded to—unless at least thirty of the members present demand that the vote be postponed to the next session, such a postponement being their right.

In practice, however, little use is made of the above provision, and interpellations rarely end with a vote; for that would have for its purpose the ousting of a ministry or a minister. Such a change takes place, as we shall see, in circumstances entirely different. The interpellations, therefore, are used only to give the parties a chance to present their points of view on this or that problem raised by the political circumstances of the hour.

From this ensues a twofold consequence. First, interpellations are much fewer than in France. During the first six months of its existence the National Assembly discussed only about ten interpellations. Second, being rarely the direct cause of the ousting of Cabinets, they provoke less excitement in political circles and in public opinion, and the Assembly may therefore discuss the problem embodied in an interpellation perhaps more objectively.