Artykuły w czasopismach na temat „Constitutions, Germany, 1919”
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Popović, Dragoljub. "Constitutional design and destiny of the states: The Weimar Constitution and the St Vitus Day Constitution in comparative perspective". Pravni zapisi 12, nr 2 (2021): 396–417. http://dx.doi.org/10.5937/pravzap0-34186.
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The Weimar Constitution of 1919 and the St Vitus Day Constitution of 1921 were quite different in many aspects. Their comparison is nevertheless of interest not only because it shows some influences of the older one to the younger, but also for the fact that it displays the line of developments of the two countries - Germany and Yugoslavia. If considered from the standpoint of parliamentary government, territorial organization of the two states and some other features the analysis of the respective constitutional developments leads to several conclusions. The two constitutions had their initial shortcomings, but those did not belong to the same area of constitutional law. In Germany they concerned the horizontal separation of powers, whereas in Yugoslavia they belonged to the vertical division of power. Both constitutions under survey ended up in dictatorships. In both countries, attempts were made in the course of history to remedy the initial shortcomings or constructive errors of the two constitutions. In Germany such attempts were successful, which on the contrary was not the case in Yugoslavia. Germany therefore became a well-functioning liberal democracy, while Yugoslavia failed and disappeared.
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Machovenko, Jevgenij, i Dovile Valanciene. "CONSTITUTIONAL FOUNDATIONS FOR THE COORDINATION OF RECEIPTED AND NATIONAL LITHUANIAN LAW IN 1918–1920". Constitutional and legal academic studies, nr 2 (16.07.2021): 69–77. http://dx.doi.org/10.24144/2663-5399.2020.2.08.
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The research object of this study is the provisions of the Provisional Constitutions of 1918, 1919 and 1920 concerning the establishment of the Lithuanian legal system. The aim of the study was to determine what was the basis for the reception of foreign law and the particularism of the law, what law was recepted and what was the relationship between it and the newly created national law. The main methods used are systematic, teleological, historical, linguistic, and comparative. This article presents an original vision of recepted law and a critical assessment of the interwar Lithuanian governmental decision to completely eliminate recepted law. In the authors' opinion, law reception and particularism enshrined in the Provisional Constitutions met the expectations of the citizens, and the government’s ambition to completely eliminate recepted law in all areas of people’s activities in the intensive development of the national law was in line with the strategic interests of the state and society. Particularism was a natural expression of pluralism inherent in the Western legal tradition and had a great potential for the development of Lithuanian law, which was not exploited due to the negative appreciation of particularism and the attempt to eliminate it completely.
Acts issued by the Russian authorities in 1914-1915 and by the German authorities in 1915-1918 restricted the rights of Lithuanian residents, severely restricted monetary and property relations, made it difficult to rebuild the country’s economy, providing for repressive or restrictive measures against the citizens of hostile states. The restored state of Lithuania endeavoured to establish peaceful relations with all states, including those with whom Russia and Germany were at war. Cancelling the law imposed by the Russian and German authorities during the war was a reasonable and useful decision of the Lithuanian State authorities.
The interpretation of the constitutional provision «[laws] which existed before the war» as «which existed before August 1, 1914», common in the historical legal literature of Lithuania, is incorrect. The question what laws were recepted has to be addressed not by the date of the adoption o a certain act, but by its content – insofar it is linked or unrelated to the First World War. All acts by which the Russian Empire intervened or were preparing to intervene in this war shall be considered to be excluded from the legal system of the restored State of Lithuania in the sense of the constitutional norm «[laws] which existed before the war» and the general spirit of this Constitution.
The system of constitutional control entrenched in the Provisional Constitutions, where a court or an executive authority verified the compliance of a recepted law with the Constitution before applying it is subject to criticism from the standpoint of contemporary legal science, but under the conditions of Lithuania of 1918-1920, it was flexible, fast, allowing citizens to raise the issue of the constitutionality of the law and present their arguments.
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Kudryachenko, A. "Federal Republic of Germany – Second German Democratic State". Problems of World History, nr 8 (14.03.2019): 140–58. http://dx.doi.org/10.46869/2707-6776-2019-8-8.
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The article describes the main stages of modern Germany’s experience in building of the parliamentary democracy. The author defines the historical progress of the German state on the wayto the formation of democratic foundations that created the basis of modern society. Three German constitutions of 1871, 1919 and 1949 were considered, they formed the basis for the development of apostwar federal state. Particular attention is focused on the transformation of the three western occupation zones of Germany into the Federal Republic of Germany and the development of the BasicLaw, which was initially regarded as temporary constitution. The author also drew attention to external factors that significantly influenced the transformation of post-Nazi Germany and theformation of the Basic Law. The historical retrospective of the formation of the second German democratic state is presented in a broad international context.
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Frowein, JA. "Constitutional law and international law at the turn of the century". Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 1, nr 1 (10.07.2017): 1. http://dx.doi.org/10.17159/1727-3781/1998/v1i1a2898.
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Constitutional law and international law operate in simultaneous conjunction and reciprocal tension. Both fields seem to have overcome the great challenges of destruction and neglect in the course of the 20th century. Both after World War I and World War II the world experienced new waves of constitution making. In both cases the current German constitutions (the Weimar Constitution of 1919 and the Grundgesetz of 1949) were influential. Characteristic of constitution-making in this century, is the final victory of liberal constitutions based on the rule of law, the Rechtsstaat, fundamental rights, meaningful control of public powers and the establishment of constitutional courts. Following the destruction of World War II, the notion of the Sozialstaat emerged strongly in Germany. In contrast to the Constitution of the United States of America, the principle of the responsibility of the state for social justice has emerged in almost all new constitutions, including Russia, Poland, South Africa, Spain, Italy and Portugal. Where courts are given the mandate to interpret bills of rights, fundamental rights have been developed into foundation stones of the legal system. The presence in a Bill of Rights of restrictive clauses, is important for its analysis. Generally restrictive clauses in new constitutions try to limit the possibilities of restriction. The importance of constitutional rules establishing and legitimizing the political organs, must not be overlooked. Of particular importance is the degree of control over the head of state, a positive attitude among political actors towards the constitution and the protection of the interests of minorities in a democratic system. In the field of Public International Law much of Kant's ideal of an international confederation of peace has been realized. Since 1990 the United Nation's Security Council has shown the potential of becoming a directorate for the community ofnations. International law has also been instrumental in the worldwide recognition of human rights. Especially in Europe, Convention Law has had a strong impact. Furthermore, global and regional systems of regulation have tended to alter the legal attitude towards state sovereignty. It may be that the South African constitutional approach in terms of which international law is subject to constitutional and other national law, is not in line with international tendencies.
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Sorokin, P. A. "on Sorokin". Science in Context 3, nr 1 (1989): 299–302. http://dx.doi.org/10.1017/s026988970000082x.
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Sorokin, Pitirim Alexandrovich, born January 21,1889, in the small village of Turia in Russia [died 1968]. Student at the Teachers' Seminary in the province of Kostroma in Russia (1903–6), at the evening school in St. Petersburg (1907–9), at the Psycho- Neurological Institute in St. Petersburg (1910–14); Magistrant of Criminal Law (1915); Ph.D in Sociology (1922); Privatdozent at the Psycho-Neurological Institute (1914–16), at the University of St. Petersburg (1916–17); Professor of Sociology at the same university (1919–22); Professor of Sociology at the Agricultural Academy (1919–22), at the University of Minnesota (1924–30); Chairman of the Department of Sociology at Harvard University from 1930. Member of the Executive Committee of the All-Russian Peasant's Soviet (1917); Secretary to the Prime Minister [ Kerensky ] (1917); member of the Russian Constitutional Assembly (1918); sentenced to death and finally exiled by the communist administration (1922); emigrated to the United States (1923), naturalized (1930). Member of the American Academy of Arts and Sciences, the American Sociological Association; honorary member of the International Institute of Sociology of the Czechoslovakian Academy for Agriculture, of the German Sociological Society, and of the Ukrainian Sociological Society; President of the International Institute for Sociology (1936–37). Member of the Greek-Orthodox Church.
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Suk, Julie. "Gender Equality and the Protection of Motherhood in Global Constitutionalism". Law & Ethics of Human Rights 12, nr 1 (26.06.2018): 151–80. http://dx.doi.org/10.1515/lehr-2018-0002.
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Abstract Most of the world’s constitutions contain clauses guaranteeing sex equality, and many also extend the special protection of the state to mothers. The constitutional protection of motherhood is undertheorized and neglected in global constitutional discourse, perhaps because jurisdictions like the United States view the special protection of women as contrary to gender equality. This Essay explores the feminist meanings and possibilities of constitutional motherhood clauses, by focusing on Germany, where they originated in 1919. While motherhood clauses have had complex relationships with a range of feminist agendas, they solidified the notion that social reproduction was a subject for constitutional lawmaking. Addressing twenty-first century gender inequalities requires a more robust engagement of women’s disproportionate burdens in social reproduction. Having opened up a constitutional discourse around the challenges of social reproduction, motherhood clauses and gender equality guarantees can drive the search for new solutions.
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Żelichowski, Ryszard. "Poles and Finns under Russian rule". Studia z Geografii Politycznej i Historycznej 8 (30.12.2019): 47–76. http://dx.doi.org/10.18778/2300-0562.08.03.
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An attempt to compare Russian Tsar Alexander I was the head of the Grand Duchy of Finland, which the Russian army captured in 1809 as a result of the Russo-Swedish war. The final act of the Congress of Vienna of June 1815 decided to establish the Kingdom of Poland. Beside the title of Grand Duke of Finland tsar, Alexander I was awarded the title of the King of Poland. From that moment on, for over one hundred years, the fate of the Grand Duchy of Finland and the Kingdom of Poland was intertwined during the rule of five Russian tsars.
The aim of this paper is to answer the question whether two different ways on the road to independence – romantic Polish way with national uprisings, and pragmatic Finnish, relative loyal to the Russian tsars – had an impact on their policy towards both nations. The Kingdom of Poland and the Duchy of Finland were autonomous, were in a personal union with Russian tsars, had their own constitutions, parliaments, armies, monetary systems and educational structures, and official activities were held in Polish (Polish Kingdom) and Swedish (in the Grand Duchy of Finland). Both countries also had their own universities.
The first national uprising in the Kingdom of Poland, which broke out in November 1830, resulted in a wave of repression. The Constitution was replaced by the so-called The Organic Statute, the Sejm (the Parliament) and the independent army were liquidated. The Kingdom was occupied by the mighty Russian army, and in 1833 martial law was introduced. The second national uprising of January 1863 led to another wave of repression and intensive Russification of Polish territories. In 1867, the autonomy of the Kingdom of Poland, its name and budget were abolished. From 1872 the Polish language was only an optional choice. After 1863, the policy of the Russian authorities changed towards the Grand Duchy.
A session of the Finnish parliament (Eduskunta) was convened for the first time since 1809, the new parliamentary law allowed the dissemination of the Finnish language. After the deadly assault on Alexander II in 1881, his son Alexander III made attempts to limit also Finland’s autonomy. The years 1899–1904 were called the first period of Russification in Finland (“the first period of oppression”). The Manifesto of June 1900 introduced obligatory Russian language in correspondence of officials with Russia. In 1901, the national Finnish army was liquidated. In Russia this was the beginning of the process of the empire’s unification into one cultural, political and economic system. After a short thaw as a result of the 1905 revolution in Russia, the Grand Duchy of Finland, the so-called “second period of oppression” and anti-Finnish politics took place. During the great war of 1914–1918, the Grand Duchy was on the side of Russia. The territories of the former Kingdom of Poland were under German rule since 1915. After the outbreak of the revolution in Russia, the Eduskunta (on 6 December 1917) passed a Declaration of Independence. After a short period of regency, on 19 July 1919, the Finns adopted the republican system with a parliamentary form of government.
On 11 November 1918 Germany surrendered on the Western Front. On that day, the Regency Council in Warsaw handed over military authority to the Polish Legion commander Józef Piłsudski. Although Poland still had to fight for the final shape of the state, the 11th of November 1918 is considered the first day of recovered Polish independence.
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Vallikivi, Hannes. "Kodanikuõiguste peatükk Eesti 1919. aasta ajutises põhiseaduses [Abstract: Civil Rights Chapter in Estonia’s 1919 Preliminary Constitution]". Ajalooline Ajakiri. The Estonian Historical Journal, nr 3/4 (16.06.2020): 293–330. http://dx.doi.org/10.12697/aa.2019.3-4.01.
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Many of the new states that emerged or reconstituted themselves after the First World War used declarations of independence or preliminary constitutions, or both, as organic law until the adoption of a permanent constitution. The majority of those documents did not address the civil and political rights of citizens (e.g. Germany, Ireland) or did so very briefly (e.g. Austria, Czechoslovakia, Georgia, Latvia). Estonia stood out by having a whole chapter dedicated to civil rights in its preliminary constitution.
The Preliminary Constitution of Estonia (valitsemise ajutine kord) was adopted by the Constituent Assembly (Asutav Kogu) on 4 June 1919, only six weeks after the Assembly first convened on 23 April 1919. The Constituent Assembly was elected and worked on the Preliminary Constitution at the time of the War of Independence between Estonia and Soviet Russia. Strong left-wing sentiment in the country’s society was reflected in the composition of the Assembly: social democrats held 41 seats, the Labour Party (tööerakond) held 30 seats, and Socialist-Revolutionaries (esseerid) held seven seats, together accounting for 65 per cent of the total 120 seats. The centrist People’s Party (rahvaerakond) led by the journalist and renowned politician Jaan Tõnisson had 25 seats, the centre-right Rural League (maaliit) led by another prominent politician and lawyer Konstantin Päts had only seven seats, the Christian People’s Party had five seats, three seats belonged to representatives of the German minority, and one seat went to the Russian minority. Similar proportions were reflected in the 15-member Constitution Committee that was elected on 24 April 1919.
The first draft of the Preliminary Constitution, and of the Civil Rights Chapter as part of it, was allegedly prepared by a young legal scholar named Jüri Uluots. Uluots was a member of the Special Committee that was already convened by the Provisional Government in March of 1919 before the election of the Constituent Assembly. The Special Committee was composed of eight lawyers, each of whom was appointed by one of the major political parties. It was assigned the task to provide first drafts of the provisional and permanent constitutions. The Committee fulfilled only the first task. Due to disagreements in the Special Committee, the draft Preliminary Constitution was submitted to the Assembly without the Civil Rights Chapter.
The Constituent Assembly processed the Preliminary Constitution Bill very quickly. The Assembly and its committees worked six days a week. It took about three weeks for the Constitution Committee to modify the Bill and submit it to the plenary session of the Assembly on 18 May 1919. The plenary session read the Bill three times and adopted it on 4 June 1919. The Preliminary Constitution entered into force on 9 July 1919 and was in force until 21 December 1920, when Estonia’s first Constitution entered into full force.
The Committee spent considerable time on discussing the Civil Rights Chapter. Although concerns were expressed that the Committee was losing time with such discussions and suggestions were made to develop the chapter later as part of the permanent Constitution, the majority of the Committee deemed it important to also address civil rights in the Bill. Uluots, who had been elected to the Assembly as a candidate of the Rural League and was also a member of the Committee, submitted his draft Civil Rights Chapter to the Committee.
Four out of eight sections in the Uluots draft found their way into the Chapter. These included equality before the law, civil and political rights and freedoms, and extraordinary restrictions. Sections regarding the right to participate in politics and the duty to obey the law (including military duty and the duty to pay taxes) were rejected at the plenary session, and the section regarding the right to private property was already omitted by the Committee. Also, the Committee preferred the social security provision proposed by the leader of the Socialist-Revolutionary Party, the schoolmaster Hans Kruus, to the one included in the Uluots draft. The Committee added a new provision concerning education and rejected the right to choose occupations and engage in business proposed by a People’s Party member, the military officer Karl Einbund, and a provision entitling citizens to bring criminal charges against corrupt officials proposed by the social democrat, lawyer and journalist Johan Jans.
The first section of the Uluots draft declared all citizens equal before the law. Disputes arouse over the second sentence of the provision. Uluots had proposed that all property and other rights relating to social ranks (the privileges of the nobility) should be abolished. The social democrats (Jans, the writer Karl Ast and others) demanded that privileges and titles should be abolished immediately. Their more moderate opponents (Uluots, Tõnisson, Westholm and others) feared that this would create a legal vacuum in property, inheritance and matrimonial rights. The majority of the Assembly supported the more radical approach and declared that there are no privileges and titles relating to ranks in Estonia. The law implementing the abolition was adopted a year later, in June of 1920.
The school headmaster Jakob Westholm, a member of the People’s Party, and Villem Ernits, a social democrat, proposed that the Committee should include a provision concerning education. Their original proposal was scaled back by omitting the duration of mandatory elementary education and by deleting the right to free secondary and university education for talented students. The Preliminary Constitution eventually stipulated (§ 5) that education is compulsory for school age children and is free in elementary schools, and that every citizen is entitled to education in his/her mother tongue. The Committee combined civil and political rights, which were originally in two separate provisions in the Uluots draft, into one section (§ 6) stipulating that the inviolability of the person and home, secrecy of correspondence, freedom of conscience, religion, expression, language, press, assembly, association, and movement can only be restricted in accordance with the law. There were no disputes over the provision in the Committee or at the plenary session.
The Committee preferred the proposal made by Kruus as the basis for further discussions on social security: “Every citizen will be guaranteed a decent standard of living according to which every citizen will have the right to receive the goods and support necessary for the satisfaction of his/her basic needs before less urgent needs of other citizens are satisfied. For that purpose, citizens must be guaranteed the obtaining of employment, the protection of motherhood and work safety, and necessary state support in the case of youth, old age, work disability and accidents.” While the last part of Kruus’ proposal was similar to Uluots’ draft and the term “decent standard of living” resembled the German menschenwürdiges Dasein (later adopted in Article 151 of the Weimar Constitution), the origin of the middle part of the provision remains unclear. The social security provision was by far the most extensively debated provision of the Chapter. The main issue was the state’s ability to fulfil its promises and whether social security should take the form of direct allowances or mandatory insurance.Views diverged even within the same parliamentary groups. The Committee replaced “will be guaranteed” with the less imperative “must be guaranteed in accordance with the law”. As a compromise, it deleted the middle part guaranteeing satisfaction of basic needs since it was deemed ‘too communist’ for many members. The plenary session supported adding the right to acquire land for cultivation and dwelling in the second sentence of the provision (§ 7) just before the adoption of the Bill.
The last section in the Chapter (§ 8) provided that extraordinary restrictions of the rights and freedoms of citizens and the imposition of burdens come into force in the event of the proclamation of a state of emergency on the basis and within the limits of the corresponding laws. In the course of the discussions led by the lawyer and member of the Labour Party, Lui Olesk, the Committee turned the original general limitations clause into an emergency powers clause resembling similar provisions in the Russian Constitution of 1906 (Article 83) and the Austrian Basic Law on the General Rights of Nationals of 1867 (Article 20).
Uluots urged the Committee to include protection of private property in the Bill as a safeguard against tyranny. The provision caused long and heated debates on the limits to nationalisation of private property, especially the principle of fair compensation. The provision was rejected by the majority of both the Committee and the plenary session. In anticipation of land reform, the deputies did not want to narrow down legal options for the expropriation of large estates owned mostly by the German nobility. After their defeat on the protection of private property, the right-wing members wished to protect freedom to choose an occupation and engage in business, trade, industry and agriculture. The majority refused again, arguing that during the war, there had been too much profiteering, and speculators do not deserve protection, and also that the government should have free hands to regulate industry.
Without any long deliberations, the Committee also rejected the proposal to allow citizens to sue civil servants in criminal courts. Jans defended his proposal by pointing out the high level of corruption among officials and the need to provide the people with a means for self-defence. His opponents argued that Estonia had already set up administrative courts in February of 1919, providing citizens with an avenue for challenging the corrupt practices of officials.
Committee and Assembly members also discussed the legal nature of the fundamental rights and freedoms included in the Bill. Some social democrats deemed it important to craft the provisions as guarantees that citizens can enforce against the state (Jans), but the majority deemed the provisions as political guidance for the legislator. Supporters of the latter view were afraid that direct enforceability of the Civil Rights Chapter would saddle the government with an unsurmountable economic burden. The state’s only directly binding obligation was probably the right to free elementary education.
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Geymbukh, Nadezhda G. "CONSTITUTIONAL AND LEGAL DISCUSSIONS DURING THE ADOPTION OF THE BASIC LAW OF THE FRG OF 1949". Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, nr 41 (2021): 29–37. http://dx.doi.org/10.17223/22253513/41/3.
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With the split of Germany in the Western Länder, the constitutional process of framing the new political and legal reality in the Basic Law of the Federal Republic of Germany of 1949 begins. In considering and discussing the draft Basic Law of the FRG, the Parliamentary Council chose the term "basic law" instead of "constitution". The choice of this expression was intended to emphasise that the task of the Parliamentary Council was not to create a legal regime for the whole of the united German state, but only for a particular part of it, which consisted of the eleven Western states. In line with this, the German statesman G. Peters pointed out that it was the title "Basic Law" which was intended to express the will of the German Länder not to create any new "Western German State", but "to construct only something temporary and territorially limited until such time as the Federal Republic of Germany". Thus, the notion of the Basic Law was intended to denote not a part, but a general arrangement of state life; not a permanent and durable, but a temporary order in the western part of Germany. This attribute also explains the differences with the concept of the constitution. The preamble to the Basic Law contains the fundamental ideas of German unity and is the basis for its interpretation in the spirit of its founders. As the main aim of the Basic Law of the Federal Republic of Germany the preamble indicates the need to safeguard the national and state unity of the German people. It seeks to establish a new free democratic state order. The legal basis for the unification of Germany was laid down in Article 23 of the Basic Law. This article, which listed the states of the FRG, stipulated that "in the remaining parts of Germany, the Basic Law shall take effect upon their accession". Consequently, according to this article, other parts of Germany could join the Federal Republic of Germany. The Basic Law of the FRG enshrined the idea of the formal constitutionality of German unification. Article 146 stipulated that a new constitution, adopted by "the free decision of the German people," was to be drawn up. The option of unification of Germany under Article 23 was envisaged by the Basic Law of the Federal Republic of Germany equally with the possibility of unification under Article 146 of the Basic Law. This is confirmed by the position taken by the Federal Constitutional Court in its judgment of 31 July 1973: "A provision of Article 23 of the Basic Law of the Federal Republic of Germany has a constitutional legal value of its own and is one of the essential precepts of the Basic Law. Therefore, the FRG is obliged, as soon as the legal possi-bility for the accession of the 'remaining parts' of Germany arises, to do everything necessary to bring about the unity of Germany. Thus, the constitutional and legal basis for the unification of Germany was laid down in the Basic Law of the FRG of 1949. Democracy and freedom in a Western-oriented environ-ment became the priority in the Federal Republic of Germany. The idea of the unity of the country, however, was not discarded and remained one of the leading objectives of the state in the Basic Law. The main guarantor of unification was the preamble, which stated the aim of achieving unity of the country, while Art 16, Art 23, Art 116, Art 146 set out the legal mecha-nisms for the future unification of Germany.
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Kulesza, Władysław. "Konstytucja z 17 marca 1921 r. na tle powojennych konstytucji republikańskich w Europie 1919–1922". Przegląd Konstytucyjny, nr 1 (2022) (czerwiec 2022): 25–67. http://dx.doi.org/10.4467/25442031pko.22.002.15728.
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The Constitution of 17 March 1921 against the background of the post-war republican constitutions in Europe 1919–1922 After Poland regained its independence in November 1918, the parliament, acting as a constitutional body, enacted the Constitution of the Republic of Poland on 17 May 1921. It is worth setting this event against a broader background. After the First World War, new constitutions were created in Eastern Europe, in particular in those states that had to build their political system from scratch, for example because they appeared on the map of Europe for the first time in history or were reinstated after a long break. These states, or more precisely their elites, had to draw on foreign ideas and achievements due to lack of their own experience. For the states that chose the republican system and disregarded the solutions contained in the constitutions of the United States and Switzerland, the Third Republic of France became a very important source of inspiration, thanks to the regulations contained in the three constitutional acts of 1875, as well as constitutional practice. Admittedly, from 1879 onwards, the constitutional practice increasingly diverged from the letter of the law set out in these three acts. Another source of inspiration for some of the new states in Eastern Europe was the constitution of the German Reich, adopted in 1919. In our part of Europe, if we exclude Estonia, Finland, and Austria – which made an effort to develop their own, sometimes unique, political solutions – it can be noted that the achievements of the Third Republic, in terms of the letter of law and political practice, became a decisive source of inspiration for Poland and Czechoslovakia, while the German Basic Law served as a model for Latvia (to a greater extent) and Lithuania (to a lesser extent). The choices made by the political elites of Poland and Czechoslovakia, however, differed in one fundamental aspect. Poland took as its point of departure the constitutional practice of the Third Republic, formed since 1879, while Czechoslovakia took the letter of the Constitutional Act of 1875. This substantially and differently moulded the form of the political system of each of these states, and subsequently its functioning in practice. Already in the interwar period, it became clear that the decisions taken in Warsaw to make the Sejm the highest organ in the state, modelled after the Chamber of Deputies in France, were less “correct” than the solutions adopted in Prague. In Czechoslovakia, the principle of the separation of powers was taken as the starting point. The principle of the balance of powers was then referred to and the roles of the legislative and executive branches were precisely defined so that this balance would really exist. In this way, the smooth operation of both powers was guaranteed, not only in their relations with each other, but also on a national scale. In Czechoslovakia, the architects of the constitution took into account the principle of the separation of powers alongside the principle of their balance, while in Poland the latter principle was absent, at first in the text of the constitution, and then in practice in the years 1922–1926.
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Williams, Tom. "A ‘Triumph of Federalism’? The German Empire in Debates on Irish Home Rule before the First World War". Review of Irish Studies in Europe 3, nr 2 (12.03.2020): 25–42. http://dx.doi.org/10.32803/rise.v3i2.2392.
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In March 1911, John Redmond published a newspaper article praising the German Empire as ‘the most convincing proof of the triumph of federalism’. While foreign and colonial analogies – ranging from Canada and the United States to Switzerland and Austria-Hungary – had been a regular feature in debates on Irish Home Rule since the 1870s, Redmond’s whole-hearted expression of admiration for constitutional arrangements in Imperial Germany came as a surprise to many contemporaries. Yet it bears witness to a renewed interest in German federalism among Irish nationalists following the granting of ‘Home Rule’ to Alsace-Lorraine in 1911, a development that generated regular comparisons with Ireland’s position within the United Kingdom during the Home Rule crisis of 1912-1914. By exploring the frequent and contested parallels drawn between Ireland (or in some cases Ulster) and Alsace-Lorraine by both unionists and nationalists during this period, this article not only highlights the ambiguities and complexities of Irish views of Germany on the eve of the First World War but also reveals the multiple ways in which the debate on Home Rule, and on federalism within the United Kingdom more generally, were influenced by wider European developments during this period of rising domestic and international tension.
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Baer, Susanne, Christian Boulanger, Alexander Klose i Rosemarie Will. "The Basic Law at 60 – Introduction to the Special Issue". German Law Journal 11, nr 1 (1.01.2010): 1–7. http://dx.doi.org/10.1017/s2071832200018393.
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For Germany 2009 was a year of constitutional anniversaries: the first democratic constitution (Paulskirchenverfassung of 1849) was promulgated 160 years ago; the 1919 Weimar Constitution would have turned 90; and finally, the country celebrated 60 years of the Basic Law, which was proclaimed and signed in Bonn on 23 May 1949. Despite its birth in the midst of economic and political turmoil and widespread disillusion with politics, the Basic Law has come to be regarded as a “success story.” As is well known, it was never meant to last – the very term “Grundgesetz” (basic law) indicated that it was intended to serve as a temporary constitutional framework until the enactment of a new constitution for the whole of Germany. Yet the Basic Law outgrew its provisional character. Today, not only the political establishment is united in praising the Grundgesetz. The scholarly assessment also has been mostly positive. The constitutional bargain struck in 1949 has been able to achieve what no previous German constitution had managed. The right and the left of the German political spectrum fashioned an enduring compromise that combined democracy, federalism and the welfare state. It is part of the story that the old anti-liberal and nationalist elite had been thoroughly delegitimized by loosing the war. Also, the Allies gave the effort an additional nudge. The progressive changes could then be implemented quite effectively by relying on the juristic culture of the Rechtsstaat that dates back to the bureaucratic legacy of, among others, the Prussian state.
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MAIER, CLARA. "THE WEIMAR ORIGINS OF THE WEST GERMAN RECHTSSTAAT, 1919–1969". Historical Journal 62, nr 4 (29.08.2019): 1069–91. http://dx.doi.org/10.1017/s0018246x19000323.
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AbstractThe article explores the key components of the political project of West Germany and the role of the Rechtsstaat within it. It shows how the German Federal Republic developed a specific reading of the rule of law as an order founded on basic rights as supra-legal values and judicial authority, which had to be defended even against democratic government. This did not signify a departure from the constitutional theory of the Weimar period, as constitutional lawyers such as Gustav Radbruch and Carlo Schmid claimed at the time. Instead, the decisive innovations in constitutional thought stemmed from the Weimar era. Judicial review and basic rights had been instruments in a political and legal struggle over the social question and the boundaries of democratic decision-making in the 1920s. They had been invoked by conservative lawyers such as Carl Schmitt and been the subject of a substantial critique mounted by social democrat interpreters of the Weimar Constitution such as Hermann Heller and Franz Neumann. As such the Rechtsstaat, which is so strongly associated with the renewal of German democracy, carries with it a tradition of legal thought which systematically and successfully expanded judicial power to the detriment of the legislature and democratic action.
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BONIN, HUGO. "One Swallow Does Not a Spring Make". Contributions to the History of Concepts 14, nr 1 (1.06.2019): 140–46. http://dx.doi.org/10.3167/choc.2019.140107.
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Pasi Ihalainen, The Springs of Democracy: National and Transnational Debates on Constitutional Reform in the British, German, Swedish and Finnish Parliaments, 1917–1919 (Helsinki: Finnish Literature Society, 2017), 586 pp.
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Baechler, Christian. "Culture politique et crise de la démocratie de Weimar". Revue d’Allemagne et des pays de langue allemande 42, nr 2 (2010): 209–24. http://dx.doi.org/10.3406/reval.2010.6115.
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Among the reasons of the failure of the Weimar democracy, the part played by the political culture inherited from the 19th century has undoubtedly not been emphasized strongly enough. The German political culture regards the State as sacred and mistrusts political parties, considered as factors of division in society; this culture thus does not view a parliamentary regime favourably. It shows that most Germans in 1914 are satisfied with the non-parliamentary constitutional monarchy and its dualistic system whereby the executive, represented by the emperor and the chancellor, has a supremacy over the Reichstag, elected by universal suffrage. This political culture reflects both a heterogeneous society and a fragmented system of parties, a situation which is not conductive to a British-style parliamentary system. The Weimar constitution, with its dualistic system favourable to the president, lies in the continuation of a political culture which has not been questioned fundamentally by the November 1918 revolution.
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Monballyu, Jos. "The force of law of decree-laws in Belgium during and after the First World War". Tijdschrift voor rechtsgeschiedenis 83, nr 1-2 (31.05.2015): 248–87. http://dx.doi.org/10.1163/15718190-08312p12.
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When Belgium was overrun by Germany in 1914 neither the Belgian constitutional legislator, nor the Belgian legislator had determined how the police powers of the civil authorities could be transferred to the military authorities in the case of a war. Article 130 of the Constitution determined that the Constitution and the constitutional rights and freedoms it provided could never be suspended wholly or in part. This created a problem. There were several statutes which provided merely a limited answer for some situations. When Belgian military authorities instead of civil authorities took measures which invaded upon constitutional rights, disputes arose. In order to avoid these, the Belgian King enacted the decree-law concerning the state of war and the state of siege on 11 October 1916. Many provisions of this decree-law had been taken from the French war laws of 9 August 1849 and 4 April 1878, but – contrary to these French laws – the Belgian decree-law was not based on a formal constitutional stipulation. This decree-law, which contravened the Belgian Constitution of 7 February 1831 and the fundamental rights and freedoms which were safeguarded by this Constitution in several respects, made it possible to take a number of measures during the state of war and the state of siege. As soon as these different provisions were applied, several citizens protested against them. Their protest was mainly aimed at the force of ‘law’ of the decree-law of 11 October 1916 and all of the other decree-laws. The rest of this contribution will detail when and why this protest took place, as well as how the Belgian administration of justice dealt with this protest.
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DELGADO, Mauricio Godinho, José Roberto Freire PIMENTA i Ivana NUNES. "O PARADIGMA DO ESTADO DEMOCRÁTICO DE DIREITO: ESTRUTURA CONCEITUAL E DESAFIOS CONTEMPORÂNEOS". Revista Juridica 2, nr 55 (11.04.2019): 485. http://dx.doi.org/10.21902/revistajur.2316-753x.v2i55.3405.
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RESUMOO constitucionalismo ocidental caracteriza-se pela presença de três paradigmas mais destacados. O mais antigo, denominado de Estado Liberal de Direito, originário dos documentos constitucionais do século XVIII dos EUA e da França, foi antecedido pelo pioneirismo constitucional britânico, de origem costumeira, jurisprudencial e parlamentar, desde o século XVII. No Brasil, teve influência na Constituição de 1891. O paradigma do Estado Social de Direito, oriundo dos documentos constitucionais da segunda década do século XX, como a Constituição do México, de 1917, e a Constituição da Alemanha, de 1919. No Brasil, despontou na Constituição de 1934, desenvolvendo-se também na Constituição de 1946. Por fim, o paradigma do Estado Democrático de Direito, também chamado de Constitucionalismo Humanista e Social, foi arquitetado em países da Europa Ocidental a partir de 1945/46, logo depois do término da Segunda Grande Guerra. Esses três paradigmas são estudados neste texto, com o objetivo de melhor compreender as características inerentes ao paradigma do Estado Democrático de Direito. Tal paradigma, a propósito, chegou ao Brasil apenas por intermédio da Constituição da República de 1988. O presente estudo também analisa as adversidades e os desafios que tem sido antepostos ao novo paradigma constitucional nas últimas décadas no Ocidente. PALAVRAS-CHAVE: Paradigmas Constitucionais; O Estado Democrático de Direito como Novo Paradigma Constitucional; Desafios ao Constitucionalismo Humanista e Social. ABSTRACT Western constitutionalism is characterized by the presence of three main paradigms. The oldest, known as the Liberal State, arising from the constitutional documents of the eighteenth century in the United States and France, was preceded by the pioneering British constitutionalism, of customary, case law, parliamentary origins, since the seventeenth century. In Brazil, it influenced the Constitution of 1891. The Social State paradigm originated in the constitutional documents of the second decade of the twentieth century, such as the Mexican Constitution of 1917 and the German Constitution of 1919. In Brazil, this paradigm emerged in the Constitution of 1934 as well as in the Constitution of 1946. Finally, the Democratic State paradigm, also called Humanist and Social Constitutionalism, was designed in Western Europe from 1945/46 onwards, shortly after the end of the Second World War. These three paradigms are studied in this text in order to better understand the inherent characteristics of the Democratic State paradigm. This paradigm, incidentally, only reached Brazil through the Constitution of the Republic of 1988. The present study also analyzes the adversities and challenges faced by the new constitutional paradigm over the past decades in the West. KEYWORDS: Constitutional Paradigms; The Democratic State as a New Constitutional Paradigm; Challenges to Humanist and Social Constitutionalism.
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Kalvoda, Josef. "National Minorities Under Communism: The Case of Czechoslovakia". Nationalities Papers 16, nr 1 (1988): 1–21. http://dx.doi.org/10.1080/00905998808408065.
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After its establishment in 1918–1919, Czechoslovakia was a multinational state and some of its minorities protested against their being included into it. The nationality problem was related to the collapse of the First Czechoslovak Republic in 1938 and the loss of some of its territories to Germany, Poland, and Hungary. It may be pointed out that the 1920 Constitution did not recognize a separate Slovak national identity and that the Czechs and Slovaks were termed “Czechoslovaks.” The post-Munich Second Republic recognized a separate Slovak nationality; however, the state came to its end in March 1939. In 1945, after its reestablishment as a national state of the Czechs and Slovaks, the country's government attempted to liquidate the national minorities' problem in a drastic manner by transfer (expulsion) of Germans and Hungarians.
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Stankov, Nikolai N. "Vlastimil Tusar’s Governments and the German Problem in Czechoslovakia (July, 1919 — September, 1920)". Central-European Studies 2020, nr 3 (12) (2021): 188–212. http://dx.doi.org/10.31168/2619-0877.2020.3.9.
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The author of this article deals the with problem of the German minority in the Czechoslovak Republic using archival and published documents and investigates the policy of Vlastimil Tusar’s two governments (the first from July 8, 1919 to May 25, 1920, and the second from May 25 till September 15, 1920). The author pays special attention to Tusar’s personal efforts in settling the German Bohemians’ problem, and to his negotiations with the leaders of German political parties, primarily with the German social democratic workers’ party in Czechoslovakia, and his efforts to reach agreements with them. The author shows the foreign and domestic political reasons that blocked the success of these negotiations. The most important of the latter were the disagreements between the Czechoslovak ruling circles and German political leaders (including social democrats) over the questions of the settlement of the Czechoslovak Republic. While the Czech politicians were trying to create “a national state”, the German leaders demanded the formation of “a state of nationalities”. The latter insisted on dividing the state on the basis of national belonging and its formation following the model of the Swiss confederation. In addition, the German-Bohemian parties demanded changes to Czechoslovak foreign policy: they were against a unilateral orientation to France and participation in any coalitions, and they were for the establishment of friendly relations with all states including Germany and Austria. It was difficult to reach a mutual understanding because the Czechoslovak political elite refused to agree that German political parties could participate in the elaboration of the constitution and other basic laws of the Republic. The author of the article considers the 1920 parliamentary elections that took place after the passing of the constitution of Czechoslovak Republic, the activity of the German political clubs in the National Assembly of Czechoslovakia, the foundation of the German parliamentary union, and the attitude of the German-Bohemian political parties to the second Tusar government. The article also deals with the relations between the Czech and German Social Democrats, perspectives on the participation of Germans in the Tusar governments, and the reasons for the resignation of the latter in September 1920. According to the author, “the Red–Green Coalition” headed by Tusar was not able to achieve international reconciliation and corroboration because there were widespread prejudices between Czechs and Germans, which were made full use of by nationalists from both sides in the course of the political fight.
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Holzer, Werner, i Rainer Münz. "Ethnic Diversity in Eastern Austria: The Case of Burgenland". Nationalities Papers 23, nr 4 (grudzień 1995): 697–723. http://dx.doi.org/10.1080/00905999508408412.
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Unlike the Habsburg Empire, the Republic of Austria established in 1918 saw and sees itself basically as an ethnically homogeneous state—as did the Weimar Republic and Federal Republic of Germany. Austria's constitution of 1920 made German the official language, just as Hungarian became the official language in Hungary. The relatively high degree of ethnic homogeneity in Austria and Hungary were a result of the collapse of the multi-ethnic Austro-Hungarian Empire and the new borders of these two successor states. Before 1918, the German-speaking and Hungarian-speaking population of the Empire were politically dominant, but. from a quantitative point of view, “minorities.” It was only the borders established by the Entente in the peace treaties of Saint-Germain and Trianon that reduced Austria and Hungary geographically to two territories, in which the German-speaking population on one side and the Hungarian on the other also became numerically superior, while creating large German and Hungarian minorities in the neighboring countries of Italy, Czechoslovakia, Romania, and SHS-Yugoslavia.
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LEIDINGER, BARBARA, W. ROBERT LEE i PETER MARSCHALCK. "Enforced convergence: political change and cause-of-death registration in the Hansestadt Bremen, 1860–1914". Continuity and Change 12, nr 2 (sierpień 1997): 221–46. http://dx.doi.org/10.1017/s0268416097002968.
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Even after the unification of Germany in 1871, political power continued to be fragmented. The Bismarckian constitution was superimposed on a collection of previously independent states: it acknowledged their continued existence as historical regions, granted them their own constitutions, state parliaments, and extensive legislative and executive powers. At a regional level, different perceptions of the appropriate role of the state continued to exist, with Prussian centralism contrasting with the laissez-faire amateurism of Bremen and Hamburg. The creation of centralized Reich (German Empire) agencies, such as the Imperial Health Office, failed to guarantee an effective implementation of German Empire decrees, and the administrative structure of individual states remained diverse. Indeed despite increasing pressure to create a uniform nation state and standardized administrative procedures, there were still 25 separate states in 1914. In relation to the structure of medical services and the formulation of medical policy, a significant degree of regional variation persisted into the twentieth century.
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Bittner, Claudia. "Casenote –– Human Dignity as a Matter of Legislative Consistency in an Ideal World: The Fundamental Right to Guarantee a Subsistence Minimum in the German Federal Constitutional Court's Judgment of 9 February 2010". German Law Journal 12, nr 11 (1.11.2011): 1941–60. http://dx.doi.org/10.1017/s2071832200017648.
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“Human dignity shall be inviolable. To respect and protect shall be the duty of all state authority.” It is with this proclamation in Article 1(1) Basic Law (“Grundgesetz” or “GG”) that the German Constitution starts its section on fundamental rights. When the Parliamentary Council formulated this basic right, they had in mind the denial of fundamental rights during the period of National Socialism and the atrocities of the Holocaust. The framers, however, did not envisage a constitutional right to state benefits despite Article 151(1) of the Weimar Imperial Constitution of 1919 linking the ordering of economic life with the purpose of ensuring a dignified existence for all. Utilizing a constitutional originalism approach the German Federal Constitutional Court (“FCC”) never could have arrived at what is referred to as the Hartz IV decision. This decision creates a constitutional right to guarantee by law a subsistence minimum based on Article 1(1) GG in conjunction with the social state principle in Article 20(1) GG. The decision can be read as—possibly the first—conceptualisation of a constitutional socio-economic right to statutory state benefits by a Constitutional Court.
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Janssen, Achim. "VIII. Ohne Körperschaftsgarantie keine Reichsverfassung?" Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Kanonistische Abteilung 107, nr 1 (1.06.2021): 333–58. http://dx.doi.org/10.1515/zrgk-2021-0008.
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Abstract No Weimar Constitution without a guarantee of the corporate status of religious communities? The discussion about article 137 section 5 of the Weimar Constitution and its content in the National Assembly of Weimar. Some researchers hold that without the constitutional guarantee of the corporate status of religious communities in article 137 section 5 the Weimar Constitution in 1919 would not have come about. The minutes of the constituent Weimar National Assembly, however, do not indicate that the guarantee of the corporate status was in danger to fail in default of political consensus. Rather, the decision in favour of a constitutional guarantee of the corporate status had already been made early in the debate. Yet it remained unclear and controversial which rights this status contained, except of the right to taxation explicitly guaranteed by article 137 section 6 of the Weimar Constitution. The deputies assumed that the specific rights of the religious communities were not determined by Article 137 section 5 of the Weimar Constitution, but by the legislation of the German Länder.
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Geymbukh, Nadezhda G. "On the State Structure of the Federal Republic of Germany at the adoption of the Basic Law of 1949". Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, nr 44 (2022): 30–37. http://dx.doi.org/10.17223/22253513/44/3.
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The article deals with the issues of state structure of the Federal Republic of Germany discussed in the process of adoption of the Basic Law of 1949. The author examines the constitutional and legal situation within which the Basic Law of the FRG was adopted, analyses in detail the ideas of leading constitutionalists on the issues of state structure that were discussed in the process of drafting the Basic Law of the FRG. Germany's partition was initiated by the West. Recently disclosed archive documents show that Germany's split was predetermined already in the course of the war at the meetings of the "Big Three" - the USSR, the USA and Britain. Then they were joined by France. The accusations that the Soviet Union was responsible for the split of that country are untrue. On the contrary, in the first post-war years, the Soviet government proposed free elections in both parts of Germany, on the condition that the united country would be neutral, that is, would not be part of any military blocs. The West rejected this proposal. The Soviet government has repeatedly stated that Germany must be seen as a single economic and political entity. The position of the Soviet Government is supported by the views of scholars of Soviet state law. The question of German state unity was widely discussed at that time in Soviet periodicals. Soviet scholars L. Bezymensky, B.S. Mankovsky, D. Melnikov, D. Monin, E. Tarle and I. Traynin were in favour of a united German state. On this basis, they concluded that the rejection of the political unity of Germany was directed against the democratic restructuring of the country. A dismemberment of Germany is in the interest neither of the German people, nor of the democratic countries of Europe. Only the re-establishment of a united Germany is in the interest of a lasting peace in Europe, consistent with the historical development of the country and the legitimate aspirations of the German people themselves. There were differences of opinion about the future state structure of Germany. The position of prominent Soviet jurists differed fundamentally from that of Western politicians and jurists. The Western allies were in favour of a federal Germany, while the Soviet scholars were in favour of a unitary form of government. Thus, Germany, divided first into four occupation zones, and then into American and Soviet zones of influence, which not only lost considerable territories, but also completely lost its international standing, ceased to exist as a unified nation state for many years. Two independent states, the Federal Republic of Germany and the German Democratic Republic, were created on German territory. There was a de facto split into two states, which found themselves in different military and political blocs. Since that time, all the aspirations of West and East Germans have been directed towards the unification of Germany and the reunification of the German people. The author declares no conflicts of interests.
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Mckibben, David. "Who Were the German Independent Socialists? The Leipzig City Council Election of 6 December 1917". Central European History 25, nr 4 (grudzień 1992): 425–43. http://dx.doi.org/10.1017/s0008938900021452.
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The emergence of the Independent Socialist party (USPD) in Germany during World War I had momentous and long-reaching consequences. Organized as a group of dissenters within the established German Social Democratic party (SPD), independent socialism grew into a movement that split Germany's working class into two, then three, warring factions. The result was a struggle for supremacy among socialist party factions to which subsequent writers have attributed the “failed” revolution of November 1918, a Weimar Constitution that alienated rather than satisfied German workers, and ultimately the inability of German Socialists to present a unified front against the ultimate threat to German democracy: Adolf Hitler and the Third Reich.
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Jansen, Sarah. "An American Insect in Imperial Germany: Visibility and Control in Making the Phylloxera in Germany, 1870–1914". Science in Context 13, nr 1 (2000): 31–70. http://dx.doi.org/10.1017/s0269889700003719.
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The ArgumentThe vine louse Phylloxera vastatrix became a “pest” as it was transferred from North America and from France to Germany during the 1870s. Embodying the “invading alien,” it assumed a cultural position that increasingly gained importance in Imperial Germany. In this process, the minute insect, living invisibly underground, was made visible and became constitutive of the scientific-technological object, “pest,” pertaining to a scientific discipline, modern economic entomology. The “pest” phylloxera emerged by being made visible in a way that enabled control measures against it. Thus, visibility functioned as a prerequisite for control measures. I differentiate between social visibility and physical visibility, as well as between social control and physical control of the “introduced pest.” The object phylloxera emerged at the intersection of techniques of social control such as surveillance, techniques of physical control such as disinfection, and representational practices of the sciences such as mathematics and graphics. The space of its visibility was not the vineyard as property of a vintner but the vineyard as national territory, where German (viti-) culture was defended against foreign infiltration and destruction. Many vintners had alternate visions of the grapevine disease, they resented the invasion and destruction of their vineyards by government officers, and thus they did not participate in the social and epistemic constitution of the “pest.” By 1914, the “introduced pest” had not yet become an effective “machinery.” However, the “pest” as an object of scientific knowledge emerged together with economic entomology. The field became organized as a discipline in Germany in 1913, forty years after the phylloxera had first aroused the minds of some worried Wilhelmians, and, together with its nationalistic images, the field of “pest” control became organized towards a redefinition of German society and its perceived dangers.
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Boiko, Mykhailo, i Oleksandr Ivanov. "The Denazification of the Post-war Germany in the American Occupation Zone in 1945-1949". European Historical Studies, nr 10 (2018): 63–81. http://dx.doi.org/10.17721/2524-048x.2018.10.63-81.
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As a result of the analysis of the documents of the American Military Administration, agreements, signed at the official governmental level by the representatives of the Allies, personal documents, articles of the German newspaper “Die Zeit” and sociological researches carried out by the scientific institutions, the authors of the article outline the main mechanisms, procedures, institutions for the implementation of the denazification and identify its advantages and disadvantages during the American occupation in 1945-1949. Denazification implemented in the American occupation zone did not remain ineffective. This process also had a shocking effect for the civilians, for it meant “social degradation and humiliation in the eyes of society”. If there was no internal purification of the former criminals, all reinterpreted individuals were now forced to outbrave “political moderation and restraint” and to accept new conditions. With the adoption of democracy “from above” during the transitional justice, there can be no unequivocal answer to the question whether the national socialist dictatorship in Germany could be regarded as successful. The United States of America quickly realized that the future of Germany would depend on both the announced denazification and the economic recovery. The American government approved the adoption of the Basic Law (Constitution of the Federal Republic of Germany). In any case, the American policy toward Germany consistently advocated German unity and the integration of a prosperous and strong state, provided that it would become a constituent of a capitalist and democratic international system as a responsible party.
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Kim, Seongeun. "Land Reform Movement in Germany (II): Focusing on Land Reform Legislation". Korean Institute for Aggregate Buildings Law 44 (30.11.2022): 157–77. http://dx.doi.org/10.55029/kabl.2022.44.157.
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In Germany, the population of large cities such as Berlin has increased rapidly due to industrialization and urbanization since modern times. The rental apartments for workers in large cities built during this period were called “rental barracks”(Mietskaserne), and the living conditions were very poor. As such, the demand for residential space in large cities continued to increase, and this resulted in an increase in demand for land, leading to a rapid rise in land prices. In the midst of this, American economist Henry George argued that the land value should be shared by society through the land value taxation, which collects land rent as a tax, and through this, the land problem could be solved. Influenced by Henry George's argument, Adolf Damashke appeared in Germany and the German Land Reformers Association (Bund Deutscher Bodenreformer) was formed. Due to their efforts, the Hereditary Land Rights Act was enacted in 1919, and Article 155 of the Weimar Constitution contained the content of the return of development profits. However, even if the constitution stipulates the return of development profits, the subsequent legislation was not implemented. This experience of Germany's past legislation can be used as a reference in Korea's current legislation related to land-rental housing for sale and the issue of stipulating the concept of land public in the Constitution.
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Kuhli, Milan. "Die Weimarer Reichsverfassung und das Verbot rückwirkender Strafverschärfung". Miscellanea Historico-Iuridica 20, nr 2 (2021): 45–56. http://dx.doi.org/10.15290/mhi.2021.20.02.04.
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The principle “nullum crimen, nulla poena sine lege” is one of the core principles of German criminal law and constitutional law. However, the history of this principle is quite varied. This article will focus on an essential part of this history, namely on the version of this principle in the Weimar Constitution of 1919. It will be shown that the principle of legality of criminal law was indeed expressed in that constitution, but that the exact scope of application of this constitutional principle was quite unclear. In this regard, it was uncertain whether the Weimar Constitution also prohibited the retroactive application of criminal laws to those cases for which a more lenient penalty was provided at the time of the offense. This ambiguity of the Weimar Constitution finally became apparent in 1933 in the so-called Reichstagsbrandprozess (Reichstag fire trial). The issue in these criminal proceedings was whether the burning of the parliament building in Berlin (February 27, 1933) was punishable by death, although this sanction was not provided at the time the crime was committed. In this essay, it will be shown that the National Socialists had to go to considerable effort to be able to ignore prohibitions on retroactivity. This undermining of the principle “nullum crimen, nulla poena sine lege” forms an important example of the willingness of the legislature to negate essential protective principles of law in the Third Reich.
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Jabłonowski, Marek, i Wojciech Jakubowski. "Nieznany projekt polskiej konstytucji z 1919 roku. Przyczynek do dziejów europejskiej myśli ustrojowej I połowy XX wieku". Przegląd Europejski, nr 2-2022 (30.08.2022): 165–78. http://dx.doi.org/10.31338/1641-2478pe.2.22.10.
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Source research conducted by the authors in the area of the history of the Polish system led to the discovery of the anonymous constitution draft of 1919 in the Archives of New Records in Warsaw. The article presents the analysis of the main assumptions of this draft. This discovery made it possible to formulate a thesis that in the systemic debate in 1917–1921 there were more original concepts and private drafts of the constitution deviating from the accepted schemes than indicated by current state of research. The analysed draft is original and, unfortunately, a forgotten system concept. It is also a testimony to the richness of Polish legal and political thought in the first half of the 20th century. Among the analysed elements there are, inter alia, the omission of the principle of the sovereignty of the people, or the tripartite division of power in favour of the specific form of clerical rule – the power of bureaucracy with a wide range of collegial institutions, as well as drawing on foreign models – references to the British model of parliamentary secretaries, or the system of administration in the German Reich.
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Haueis, Eduard. "Old Problems, New Challenges". L1-Educational Studies in Language and Literature 24, nr 2 (20.05.2024): 1–11. http://dx.doi.org/10.21248/l1esll.2024.24.2.619.
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Although comparative studies on L1 education are facing many new challenges today, two ‘old’ issues should not be forgotten: the professional qualification of teachers as part of their academic training, and elementary language education in primary schools. These issues need a theoretical foundation to make L1 education part of the professional practical knowledge of teachers. In Germany, there is a gap between the subject-related qualification of prospective teachers on the one hand, and their didactic qualification for their professional field of action in schools on the other. What is perceived today as L1 German teaching from school year 1 to 12/13 goes back to two different traditions for which, until a few decades ago, educational institutions of varying prestige were responsible: the Volksschulen (elementary education for the lower classes) initially focusing on "mother-tongue" monolingualism, and the Latin schools (grammar schools for the higher classes) focusing on multilingual education, preparing for academic careers. It was not until the Weimar Constitution in 1919 that Germany also introduced academic qualifications for teachers in elementary education. However, also seminars, pedagogical academies, and colleges that focused on teaching didactics mainly, were established to circumvent university qualifications. What was developed in the last third of the 20th century in the context of a scientific foundation for the didactics of L1 German has since fallen into oblivion. This contribution aims at presenting a critically reflected continuation of these developments.
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Tusiński, Piotr A. "Kontrola parlamentarna rządu w systemach ustrojowych II Rzeczypospolitej w dyskursie polskiej doktryny przedwojennej i współczesnej". Rocznik Administracji Publicznej 8 (30.12.2022): 125–71. http://dx.doi.org/10.4467/24497800rap.22.008.16784.
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The Second Republic of Poland implemented in the first years of independence a significant part of the achievements of Western European parliamentarism with regard to the control function of the executive (government). While in the West the parliament’s powers of scrutiny over the government were mostly subject to regulation by ordinary law, in Poland and other states revived or established in Europe after World War I, the bulk of them became the subject of legal regulation at the level of constitutions, ordinary laws and/or parliamentary rules of procedure. In Poland, law and customs shaped through parliamentary practice played a relatively large role in this regard. During the Second Republic, there were three consecutive constitutional systems in force – the so-called Little Constitution of 1919, the March Constitution of 1921. (since December 1922) and the April Constitution of 1935.The control of the government by parliament was developed to the fullest extent during the period of so-called parliamentary rule, i.e. in the years 1919–1926. After the May coup began, visible mainly in the area of political and parliamentary practice, the process of gradual reduction of the control function of parliament, which found its final legal definition in the provisions of the Basic Law of April 1935. The control function of parliament was exercised at first by the Legislative Sejm, and then, from the end of 1922, by the Sejm and the Senate (the latter to a relatively modest extent). With regard to the criterion of the timing of control activities, parliamentary control of the government was divided in pre-war doctrine into preliminary and subsequent (follow-up). The post-war doctrine, following the position formulated in German science in the second half of the 19th century, also distinguished current control. Implementation of the parliament’s control function in the Second Republic included a very rich catalog of tools (means) of influencing the government. The pre-war doctrine organized them according to the criterion of the timing of control measures or their expediency. After World War II, based on the systemic criterion, ordinary (plenary debate on government policy, parliamentary inquiries and interpellations) and extended (appointment of stand- ing and extraordinary parliamentary committees with, among other things, controlling or investigative powers) means of control were distinguished, as well as statutory preliminary control (passing the budget, giving consent to the ratification of international agreements and issuing certain administrative acts), which tools are characteristic of parliamentary systems assuming the supremacy of parliament over the government. In another view, the instruments of parliamentary control were divided (on the basis of the March Constitution) into traditional means of control (interpellations, committees of inquiry, discharge, control of state debts, approval of temporary restrictions on civil rights and freedoms) and those arising from the principles of the parliamentary-cabinet form of government (debate on the prime minister’s exposé, asking questions, hearing government representatives in plenary and in committees, passing resolutions), as well as sanctions applied as a result of control (such as holding the government and individual ministers politically and constitutionally accountable). In doctrine and parliamentary practice, the greatest differences of opinion with regard to the characterized issues arose and continue to this day, in addition to systematizing issues, such issues as the scope and tools of preliminary parliamentary control, the control of decree legislation, the scope and effects of parliamentary interpellations and questions, extraordinary committees of inquiry, political and parliamentary and constitutional responsibility of the executive branch.
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Protosavitska, L. S. "Liberal-democratic values of the Polish Сonstitution of 1921". Uzhhorod National University Herald. Series: Law, nr 64 (14.08.2021): 46–50. http://dx.doi.org/10.24144/2307-3322.2021.64.8.
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Examining the liberal-democratic values of the Polish Сonstitution of 1921, the author clarified the conditions under which the Polish state was formed in 1918. In general, the paper examines all sections of the constitution of March 17, 1921, carried out an article-by-article analysis of the basic law of the Polish state.
Polish statehood was restored as a result of geopolitical changes following the First World War, including the victory of the Entente. Based on the guarantees contained in Woodrow Wilson's program, the Poles restored the Polish state.
The Polish state in the postwar period faced a large number of political, social, economic and psychological problems that stood in the way of land integration and overcoming the gap with Western European states.
It was found that the Constitution of March 17, 1921, in contrast to previous constitutional acts, established a clear division of power into legislative, executive and judicial, proclaimed the rights and freedoms of citizens. The Constitution stated that the supreme power in the republic belongs to the people. Both houses of parliament - the Seimas and the Senate - were not equal under the 1921 Constitution. Constitutional powers enabled parliament to revise and amend the constitution.
It is noted that the executive power belonged to the President together with the relevant ministers. As for the judiciary, it belonged to independent courts. The constitution guaranteed broad rights to its citizens, as well as clearly defining the range of responsibilities that everyone had to perform properly.
Thus, on the basis of the analysis conducted by the author, it was found that the Polish state adopted the model of the democratic system of France, and in terms of legislative activity also Weimar Germany. The Constitution of Poland incorporates such values as citizenship and responsibility of the citizen, constitutionalism, freedom of speech, human dignity, honor and tolerance, freedom of conscience and justice, social order and equality.
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Zimmermann, Moshe. "Blind in the Right Eye: Weimar as a Test Case". Israel Law Review 32, nr 3 (1998): 395–406. http://dx.doi.org/10.1017/s0021223700015727.
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The most frightening debacle of democracy is not caused by a revolution or a coup d'etat but by the creeping process of delegitimization, in which the Giant's leap (“Quantensprung”) is hardly conceivable. The most notorious example to date is the Weimar Republic, as the German Reich was called between 1918/9–1933. This example has served as a constant warning for all democratic systems since then, and is therefore always present and relevant.It is not for a social or cultural historian to intervene in a purely professional discussion of jurists or legal historians concerning the question of constitution, law and democracy. His aim is to concentrate on the complex relationship between the social and cultural contexts and the constitutional text and subtext.
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Milosavljevic, Boris. "Drafting the constitution of the Kingdom of Serbs, Croats and Slovenes (1920)". Balcanica, nr 50 (2019): 225–44. http://dx.doi.org/10.2298/balc1950225m.
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The Kingdom of Serbs, Croats and Slovenes was internationally recognized during the Paris Peace Conference in 1919-20. Even though there was neither a provisional nor a permanent constitution of the newly-formed state, factually there was a state as well as a system of governance, represented by supreme bodies, the King and the Parliament. Many draft constitutions were prepared by different political parties and notable individuals. We shall focus on the official Draft Constitution prepared during the premiership of Stojan Protic. He appointed the Drafting Committee as a governmental (multi-ethnic) advisory team of prominent legal experts from different parts of the new state consisting of Professors Slobodan Jovanovic (President), Kosta Kumanudi and Lazar Markovic (Serbia), Professor Ladislav Polic (Croatia) and Dr Bogumil Vosnjak (Slovenia). After two months of work, the Committee submitted its draft to the Prime Minister. The leading Serbian legal scholar and president of the committee, Slobodan Jovanovic (1869-1958), was well-acquainted with the details of Austro-Hungarian and German legal traditions. Since he was an active participant and witness of the events that led to the creation of the new state, while also being an objective and critical historian, it is important to shed light on his firsthand account of the emergence of the state of Serbs, Croats and Slovenes.
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Buchenau, Jürgen. "Introduction". Anuario de Historia de América Latina 54 (27.12.2017): 1–10. http://dx.doi.org/10.15460/jbla.54.17.
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One hundred years after its promulgation, it seems appropriate to take stock of the formulation and impact of the Constitution of 1917, a document soon thereafter eclipsed by the much more radical constitution of the Soviet Union and therefore the subject of relatively few scholarly analyses, especially with regard to transnational perspectives. Written by eminent historians from Canada, Germany, Great Britain, and Mexico, the six essays in this special section bring together different perspectives on the constitution and its international impact.
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Baev, V. G. "The legal scholar Carl Schmitt politics in Weimar Germany (1919-1933)". Russian Journal of Legal Studies 3, nr 3 (15.09.2016): 225–33. http://dx.doi.org/10.17816/rjls18223.
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The article discusses the life and scientific work of one of the most prominent, controversial and challenging philosophers and jurists of Germany of the end XIX-XX centuries Carl Schmitt. His political and legal views were formed in the area of confrontation and interaction between science and policy. Schmitt taught not only the law but also political science. The policy was organically included in all teaching legal courses. Special emphasis is placed on the relation of Schmitt to democracy and the Weimar Constitution.
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Filipiak, Zbigniew, i Tomasz Kowalczyk. "The role of the Act of 5 November 1916 in starting the process of rebuilding Polish statehood". Kwartalnik Prawa Międzynarodowego IV, nr IV (30.03.2024): 93–116. http://dx.doi.org/10.5604/01.3001.0054.4280.
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The following text is devoted to the issues of the fate of Polish lands being decided during World War I. Above all it discusses the Act of 5 November 1916 issued by two of the partitioning powers – the Second German Reich and Austria-Hungary – and assesses its role in the future revival of Polish statehood. This legal act led to the establishing of semi-sovereign central Polish administration bodies, which prepared a draft constitution for the future state (monarchist), a draft electoral law for the Sejm, and took many steps to establish local Polish authorities, the judiciary, and the education system. The authors analyse the establishment of the two main central bodies under the auspices of Germany and Austria-Hungary (the Provisional Council of State, and the Regency Council), describe the monarchist project of the Polish constitution created thanks to the Provisional Council of State, and the electoral law designed at that time. They also question to what extent the acts of 5 November can be associated with the concept of “Mitteleuropa” – the creation of an economic and political union in Central and Eastern Europe of states that were to function under strict German control. This concept, created in the second half of the 19th century, was redefined during World War I. The historical-legal method was used in work on this article, supplemented with the dogmatic-legal and comparative methods.
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Stępnik, Krzysztof. "Powstanie Wielkanocne w prasie polskiej (Komentarze polityczne)". Politeja 17, nr 4(67) (15.10.2020): 184–215. http://dx.doi.org/10.12797/politeja.17.2020.67.10.
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Easter Rising in the Polish Press (Political Commentaries)The author of the paper describes the ways in which the Polish press were informed about the Easter Rising, sources of gaining this knowledge (Reuters Agency and European daily newspapers); particularly, he makes analysis of political commentaries which were published in Warsaw, Cracow and Lvov newspapers. He shows a specific character of Polish reaction to the events in Ireland, which was rooted in the analogy of historical destiny of both nations, and gained a particularly strong resonance on the turn of April and May 1916. The author points out to the causes of this resonance of which a gradual change in the attitude of the Polish society towards Germany was the most important. The permission of German authorities-in-occupation for a great national manifestation in Warsaw on 3 May 1916 strengthened the orientation towards the central states which was evidenced by the participation of the political figuring on Germany in this event. Reports of the fall of the uprising in Ireland and the accompanying commen aries coincided with comprehensive accounts of manifestation celebrating 125th ann versary of 3rd May Constitution, which was of significant importance for the reception of the Easter Rising. Emotional stress in Warsaw, strongly stimulating patriotic feelings, created an extremely emotional attitude towards the uprising in Dublin experienced by Poles as a charter almost from their history.
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Egorov, A. A., i O. O. Boyko. "Escalation of Anglo-German Relations Amidst Strengthening of ‘War Party’ in Germany during Crisis Period of 1908—1911". Nauchnyi dialog 13, nr 3 (25.04.2024): 331–47. http://dx.doi.org/10.24224/2227-1295-2024-13-3-331-347.
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The subject of the study is Anglo-German relations during the crisis period of 1908-1911. The aim of the work is to examine the views and activities of German state and public figures who directly or indirectly influenced the overall background of Anglo-German relations in the context of escalating antagonism between the two states. This process was influenced by the so-called ‘war party’, to which a certain group of German politicians with pronounced nationalist-chauvinistic ideals belonged. The historical sources used in the article are analyzed from a personal approach and anthropology of international relations. Based on these sources, the previously poorly studied activities of the German elite, who acted in conjunction with Kaiser Wilhelm II and shaped Germany’s current foreign policy agenda in the pre-war period, are characterized. The author concludes that throughout the entire crisis period of Anglo-German relations from 1908 to 1911, neither the German Ministry of Foreign Affairs nor Chancellors B. Bülow and T. Bethmann-Hollweg were able to fully seize the initiative from the ‘war party’, which was shaping Wilhelm II’s policies. This became possible due to constitutional deformation and the celebrated ideas of a great national state in German society.
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McDonagh, Eileen L., i H. Douglas Price. "Woman Suffrage in the Progressive Era: Patterns of Opposition and Support in Referenda Voting, 1910-1918". American Political Science Review 79, nr 2 (czerwiec 1985): 415–35. http://dx.doi.org/10.2307/1956657.
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Sources of opposition and support for woman suffrage are analyzed with the use of the responses of male voters to constitutional referenda held in six key states during the Progressive era. Traditional axes of opposition and support for suffrage are examined, establishing that stable sources of suffrage support originate most often from Protestant and northern European constituencies (with the exception of Germans), whereas southern Europeans and Catholics (except for Germans) generally show no consistent patterns. Opposition to suffrage is most constant from Germans—both Catholic and Protestant—and from urban constituencies. A structural model indicating the greater importance of prohibition as an intervening variable compared to partisanship or turnout at the grass-roots level of voting behavior explicates the sources of direct and indirect support for suffrage while it also demonstrates the influence of educational commitment in determining suffrage voting patterns. Except in the West, opposition to suffrage was intense and greater at the grass-roots level than among legislative elites. The ultimate success of the federal amendment is discussed in the context of state referenda, the changed political climate after American entry into World War I, and the innovative efforts of state legislatures to grant “presidential” suffrage, thereby circumventing what proved to be the difficult referenda route.
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Tóth, Imre. "Német-Ausztria születése: 1918. november 12." Acta Scientiarum Socialium, nr 48 (15.02.2018): 53–58. http://dx.doi.org/10.33566/asc.2754.
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On this November day, politicians and offices of the Austrian state that was being formed since mid-October made their decision on the new provisional constitution. As a result, German-Austria chose republic as the form of state. Therefore, the date is considered to be the birthday of the republic of Austria. In our paper, we present the November 12 events in Vienna and the decisions of the Austrian politicians, thus sketching the birth of German-Austria
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Maciejewski, Marek. "Wódz, naród, rasa. Ideologiczne przesłanki nazistowskich koncepcji prawa". Studia nad Autorytaryzmem i Totalitaryzmem 39, nr 1 (8.09.2017): 19–43. http://dx.doi.org/10.19195/2300-7249.39.1.2.
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THE LEADER, THE NATION AND THE RACE. IDEOLOGICAL PREMISES OF THE NAZI CONCEPT OF LAW The subject matter of the article is devoted to discussing the ideological premises of the content, aims, and functions of Nazi law from the perspective of the legal theoreticians and practitioners of the Third Reich. Firstly, the significance and role of the supreme leader the Führer of the National Socialists and Germany in asingle person, namely Adolf Hitler, is discussed. The legal doctrine of the Nazi state perceived him — just as he did himself — to be the basic source of law and treated his political decisions as such. In fact, these decisions were even thought to stand above the Weimar Constitution of 1919 which was only formally in force and other pieces of legislation. Hitler was not merely viewed as the supreme legislator, but also as the highest judge, acting by the will of the German nation. Judicial decisions in the Third Reich were issued on his behalf. According to Nazi lawyers, Hitler as Führer embodied and articulated the will of the German nation, whose needs, interests, and aspirations were considered the purpose behind the functioning of the state and the Reich’s law. Furthermore, the German national community deutsche Volksgemeinaschaft rose to the rank of the near absolute determinant of the law’s form and content. It was, in fact, the reference for one of the important principles of Nazi law, i.e. the common good before personal good Gemeinnutz vor Eigennutz — hence, anegation of the concepts of individualism, including the unchallengeable nature of private property. In addition, the ideological premises of the Nazi concept of law also comprised racial issues. The Third Reich placed particular emphasis on racial purity and hygiene — which referred predominantly to the Germanic race — as acondition for the German national community’s healthy functioning. Nazi law, inter alia, was supposed to serve precisely that end. The legal doctrine in Germany at the time adopted the unequivocal position that the law — together with the administration of justice — should be one of the most important guards of the longevity and purity of the Germanic race sometimes referred to as the Aryan race. This stipulation, which for the most part was consistently implemented, was closely linked to the National Socialists’ almost zoological antisemitism. It was reflected in numerous normative acts by the Third Reich’s authorities targeting the Jewish population in Germany and the countries it occupied during WWII.
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Селезнев, Федор Александрович, i Fedor Aleksandrovich Seleznev. "Foreign Policy Doctrine of the Kadets on the Eve of the First World War: Discussion Questions". Journal of Modern Russian History and Historiography 8, nr 1 (27.08.2015): 81–98. http://dx.doi.org/10.1163/22102388-00800004.
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The article analyzes views of the Constitutional Democratic Party (Kadets) on Russia’s foreign policy before 1914. The article shows that the Kadets favored an alliance with England, and never supported Russian diplomatic attempts to maneuver between the Allies and the Central Powers. Any political contacts between Russia and Germany immediately elicited a negative reaction from the Kadet press.
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Trask, April. "Remaking Men: Masculinity, Homosexuality and Constitutional Medicine in Germany, 1914–1933". German History 36, nr 2 (6.03.2018): 181–206. http://dx.doi.org/10.1093/gerhis/ghy013.
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Lubotina, Paul. "The Springs of Democracy: National and Transnational Debates on Constitutional Reform in the British, German, Swedish, and Finnish Parliaments, 1917–1919". Journal of Finnish Studies 23, nr 1 (1.11.2019): 99–105. http://dx.doi.org/10.5406/28315081.23.1.10.
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Heger, Martin. "Von der Konstitutionalisierung von Nulla poena, nullum crimen sine lege in Art. 116 WRV (1919) zu dessen Umkehrung in ein Nullum crimen sine poenadurch das NS-Regime". Miscellanea Historico-Iuridica 20, nr 2 (2021): 9–20. http://dx.doi.org/10.15290/mhi.2021.20.02.01.
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The principle of Legality (nullum crimen, nulla poena sine lege) is the most fundamental principle of German criminal code since it was codified in the Bavarian Criminal Code 1813 for the first time. With the Foundation of the German Empire in 1871 it became an integral part of the new German Penal Code Reichsstrafgesetzbuch). It was constitutionalized in 1919 as a fundamental right with Art. 116 of the Weimar Constitution. It was unchallenged till the Nazi regime came to power. Not within the Empowerment Act but with other legal measures resulting from the burning of the Parliament (”Reichstagsbrand”) on 28 February 1933 till 1935 on, the Nazi regime changed the principle step by step from nullum crimen, nulla poena sine lege to nullum crimen sine poena. They made Analogy in disfavor of the accused person possible and they stated criminal offences with retroactivity. Unfortunately, the Supreme Court of Justice (Reichsgericht) accepted the new provisions and used it as a basis for its sentences. After WW II the allies nullified the Nazi provisions. With Art. 103 § 2 of the new (West-)German constitution from 1949 nulla poena sine lege has been constitutionalized again. The Paper deals with that development with a special focus on the role of the Reichsgericht as the highest body of judges, who were trained in the times before the Nazis came to power.
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Friedrich, Pierre. "Gierkes Protest gegen das BGB". Tijdschrift voor rechtsgeschiedenis 85, nr 1-2 (22.06.2017): 325–61. http://dx.doi.org/10.1163/15718190-08512p11.
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The enactment of the German Civil Code (BGB) marked the triumph of the Romanists in the famous codification debate. However, the Germanists’ resistance endured and found new grounds and means of conflict. This essay throws light on the exploitation of the fine arts for the advancement of the Germanists’ legal policy. With the help of the prominent murals in the plenary hall of the court of appeal in Düsseldorf, executed in 1913, we will examine the continuing influence of the germanistic combat and the socio-political mores of the functionary elite of the late empire. It will be demonstrated that these murals were an expression of the ressentiment of a certain part of these ‘power elites’ towards the liberal constitutional state which had come into existence by the time of the codification of the BGB at the very latest. Nazi ideology was able to appeal to these political dispositions and values after the First World War. This was one of the major routes that led to the Nazi takeover and finally to the decline of the rule of law in Germany.
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Kotov, B. S. "Newspaper “Rech” in the July Crisis of 1914". MGIMO Review of International Relations, nr 4(37) (28.08.2014): 9–16. http://dx.doi.org/10.24833/2071-8160-2014-4-37-9-16.
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This article examines the position of the newspaper "Rech" during the July crisis of 1914. "Rech", founded in 1906 by the Constitutional Democratic Party (Kadets), was on the eve of the First World War one of the most important liberal organs of the Russian press. Traditionally the newspaper has paid great attention to questions of foreign policy, in detail informing its readers about the situation on the international arena. Reflecting the foreign policy program of the Kadet party, "Rech" supported the idea of the alliance with France and England and considered Germany and Austria-Hungary as the main rivals of Russia for influence on the Balkans and the Middle East. However, despite its pro-Entente position, in the days of the July crisis the newspaper opposed the intervention of Russia in the Austro-Serbian conflict. Fearing defeat of Russia and revolutionary upheavals in case of unsuccessful war, it condemned aggressive position of nationalists, Octobrists and Progressists. "Rech" urged to do everything to avoid war with the Austro-Germanic bloc. Thus, it clearly stood out against the background of the majority of Russian periodicals, which insisted on the active support of Serbia. After Germany declared war on Russia, this anti-militarist position of the main Kadet newspaper led to its temporary closing. Only after statements of the leaders of the Constitutional Democratic Party about its solidarity with the government in the conditions of the war, the newspaper was resumed.
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Haferkamp, Hans-Peter. "On the German History of Method in Civil Law in Five Systems". German Law Journal 17, nr 4 (sierpień 2016): 543–78. http://dx.doi.org/10.1017/s2071832200021362.
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AbstractGermany is the country of legal methodology. No other country saw such an intense academic discourse on the question of what jurists are able, allowed, and supposed to do when interpreting and applying the law. This German peculiarity is tightly linked to the history of the German Civil Code (BGB). Carefully worded and systematically precise, this codification had the potential to significantly limit judicial freedom; thus, its advent marked the beginning of the German methodological debates. The following Article examines this relationship, starting with the year 1874 (when preliminary work on the Civil Code began) and continuing with an analysis of the five political systems during which the BGB was in force: the German Empire (1900–1914), the Weimar Republic (1918–1933), the National Socialist period (1933–1945), the GDR (1949–1989), and the Federal Republic (1949–today). With the exception of the GDR, the methodological debates consistently show attempts to enable judges to adapt the law to real life conditions, or to political ideas in conflict with the BGB, without formally moving beyond extant law. At the roots of 20thcentury methodological debates, one can thus discern a profound mistrust of German legal academia with regard to both the legislature and the judiciary. Jurists had no confidence in the BGB, which was criticized for being inflexible, outdated, and politically unsound. They did not trust in the freedom of judges either, trying instead to somehow bind them, be it to “life,” “reality,” “justice,” “sense of justice,” “national order,” or “Christian Natural Law.” It was not until 1958 that the Federal Constitutional Court was entrusted with the task of dynamically shaping the guiding values of society, thus forcing both the legislator and the courts to adapt the BGB to these principles. As a consequence, the heyday of German methodological debates surrounding the BGB slowly came to an end.