Constitution of the German Empire
Encyclopedia
The Constitution of the German Empire
was the basic law of the German Empire
of 1871-1919, enacted 16 April 1871. German historians often refer to it as Bismarck's imperial constitution.
The constitution was effectively a treaty between its signatories, the North German Confederation
and four southern German
states, adding those states as members of the confederation and giving the enlarged entity a new identity as the Deutsches Reich (conventionally translated as "German Empire"). The Austro-Prussian War
of 1866 had resulted in the dissolution of the German Confederation
in 1866 and formation of the North German Confederation in 1867, among other events.
The text of the constitution
was based on that of the Constitution
of the North German Confederation
, which had likewise been instigated by Otto von Bismarck
.
According to the constitution, head of state was the King of Prussia as the president of the Bundesrat, the council of representatives of the German states. His title was German Emperor. The Emperor installed the Chancellor, the head of government. Laws were enacted by the Bundesrat and the Reichstag, the Imperial Diet elected by male Germans above the age of 25 years.
The most important changes to this constitution, of October 1918, gave the Reichstag the right to call for a demission of the Chancellor. These changes have led to the notion October constitution.
It has the same German title as its successor, the Weimar Constitution
, also known as the "Constitution of the German Reich" or "Weimar constitution", that replaced it in 1919 creating the Weimar Republic
.
, acting in his capacity as President of the North German Confederation, the Kings of Bavaria
, Saxony and Württemberg
, and the Grand Dukes of Baden
and Hesse
. Hesse north of the river Main was already a member of the North German Confederation; its territory south of the river was now included as well.
The members of the North German Confederation that now became members of the Empire were Prussia, Mecklenburg-Schwerin
, Saxe-Weimar-Eisenach
, Mecklenburg-Strelitz
, Oldenburg
, Brunswick
, Saxe-Meiningen
, Saxe-Altenburg
, Saxe-Coburg-Gotha, Anhalt
, Schwarzburg-Rudolstadt
, Schwarzburg-Sondershausen
, Waldeck
, Reuss (older line)
, Reuss (younger line)
, Schaumburg-Lippe
, Lippe
, Lübeck, Bremen
, and Hamburg
.
between the Empire and the Kingdom of Prussia
. This meant that, unlike Wilhelm II had come to assume at the end of World War I
, he could not abdicate
merely as German Emperor while keeping the Prussian crown (unless he were to have agreed to renounce the entire constitution which would have been, in effect, the de jure
dissolution of the Empire.
The emperor had the power to declare war (and make peace), represented the Empire abroad, conclude treaties and alliances, and accredit and receive ambassadors.
In the case of a non-defensive war being declared, consent of the Bundesrat was required.
Both chambers of parliament had to approve a treaty for it to be ratified.
(all Article 11)
The emperor also appointed the chancellor.
Other powers were:
Article 13 required the annual convocation of both bodies. The Bundesrat could be called together for the preparation of business without the Reichstag, but not the converse.
Each state was allocated a specified number of votes; although a state could appoint as many delegates to the Bundesrat as it had votes, each state was only able to block-vote. Each state had a different number of representatives, with the larger and more powerful states having more. Voting had to be in person.
In the case of legislation only affecting certain states, only those states were allowed to vote.
The Bundesrats presiding officer had a vote in the event of a tie-break.
A representative could not be a member at the same time of both chambers (Article 9), and they were given Imperial protection (Article 10).
The composition of the Bundesrat, 1871–1919, was:
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| Prussia
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| Bavaria
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| Saxony
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| Württemberg
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| Baden
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| Hesse
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| Mecklenburg-Schwerin
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| Brunswick
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| 17 other small states
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| Alsace-Lorraine
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| Total
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At least four states had to be represented on each committee, excluding the chairman. Each state was only allowed one vote.
On the committee for the army and fortifications, Bavaria had a permanent seat. All that committee's members were appointed by the Emperor; members of all the other committees were elected by the Bundesrat.
Additionally, there was created a Committee on Foreign Affairs, chaired by Bavaria, with individual members representing Bavaria, Saxony, and Württemberg, and two other members representing the other states.
" (this was interpreted to mean suffrage for all male citizens over 25). A secret ballot
was guaranteed (Article 20).
Transitional arrangements set the total number of deputies at 382, with 48 for Bavaria, 17 for Württemberg, 14 for Baden, and 6 for Hesse south of the river Main (Article 20).
Bills would be laid before the Reichstag in the name of the Emperor, in accordance with a resolution of the Bundesrat, and would be advocated by members of the Bundesrat (or by special commissioners appointed by it)(Article 16).
Decrees and ordinances of the Emperor required the counter-signature of the Chancellor to be valid (Article 17).
the responsibility of the Empire. However, it took some two decades before a national civil code
was finally promulgated (as the Bürgerliches Gesetzbuch
).
German Empire
The German Empire refers to Germany during the "Second Reich" period from the unification of Germany and proclamation of Wilhelm I as German Emperor on 18 January 1871, to 1918, when it became a federal republic after defeat in World War I and the abdication of the Emperor, Wilhelm II.The German...
was the basic law of the German Empire
German Empire
The German Empire refers to Germany during the "Second Reich" period from the unification of Germany and proclamation of Wilhelm I as German Emperor on 18 January 1871, to 1918, when it became a federal republic after defeat in World War I and the abdication of the Emperor, Wilhelm II.The German...
of 1871-1919, enacted 16 April 1871. German historians often refer to it as Bismarck's imperial constitution.
The constitution was effectively a treaty between its signatories, the North German Confederation
North German Confederation
The North German Confederation 1866–71, was a federation of 22 independent states of northern Germany. It was formed by a constitution accepted by the member states in 1867 and controlled military and foreign policy. It included the new Reichstag, a parliament elected by universal manhood...
and four southern German
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
states, adding those states as members of the confederation and giving the enlarged entity a new identity as the Deutsches Reich (conventionally translated as "German Empire"). The Austro-Prussian War
Austro-Prussian War
The Austro-Prussian War was a war fought in 1866 between the German Confederation under the leadership of the Austrian Empire and its German allies on one side and the Kingdom of Prussia with its German allies and Italy on the...
of 1866 had resulted in the dissolution of the German Confederation
German Confederation
The German Confederation was the loose association of Central European states created by the Congress of Vienna in 1815 to coordinate the economies of separate German-speaking countries. It acted as a buffer between the powerful states of Austria and Prussia...
in 1866 and formation of the North German Confederation in 1867, among other events.
The text of the constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
was based on that of the Constitution
North German Constitution
The North German Constitution was the constitution of the North German Confederation, which existed from 1867 to 1871. The Constitution of the German Empire was closely based upon it....
of the North German Confederation
North German Confederation
The North German Confederation 1866–71, was a federation of 22 independent states of northern Germany. It was formed by a constitution accepted by the member states in 1867 and controlled military and foreign policy. It included the new Reichstag, a parliament elected by universal manhood...
, which had likewise been instigated by Otto von Bismarck
Otto von Bismarck
Otto Eduard Leopold, Prince of Bismarck, Duke of Lauenburg , simply known as Otto von Bismarck, was a Prussian-German statesman whose actions unified Germany, made it a major player in world affairs, and created a balance of power that kept Europe at peace after 1871.As Minister President of...
.
According to the constitution, head of state was the King of Prussia as the president of the Bundesrat, the council of representatives of the German states. His title was German Emperor. The Emperor installed the Chancellor, the head of government. Laws were enacted by the Bundesrat and the Reichstag, the Imperial Diet elected by male Germans above the age of 25 years.
The most important changes to this constitution, of October 1918, gave the Reichstag the right to call for a demission of the Chancellor. These changes have led to the notion October constitution.
It has the same German title as its successor, the Weimar Constitution
Weimar constitution
The Constitution of the German Reich , usually known as the Weimar Constitution was the constitution that governed Germany during the Weimar Republic...
, also known as the "Constitution of the German Reich" or "Weimar constitution", that replaced it in 1919 creating the Weimar Republic
Weimar Republic
The Weimar Republic is the name given by historians to the parliamentary republic established in 1919 in Germany to replace the imperial form of government...
.
Signatories and members
The constitution was signed by the King of PrussiaKingdom of Prussia
The Kingdom of Prussia was a German kingdom from 1701 to 1918. Until the defeat of Germany in World War I, it comprised almost two-thirds of the area of the German Empire...
, acting in his capacity as President of the North German Confederation, the Kings of Bavaria
Bavaria
Bavaria, formally the Free State of Bavaria is a state of Germany, located in the southeast of Germany. With an area of , it is the largest state by area, forming almost 20% of the total land area of Germany...
, Saxony and Württemberg
Württemberg
Württemberg , formerly known as Wirtemberg or Wurtemberg, is an area and a former state in southwestern Germany, including parts of the regions Swabia and Franconia....
, and the Grand Dukes of Baden
Grand Duchy of Baden
The Grand Duchy of Baden was a historical state in the southwest of Germany, on the east bank of the Rhine. It existed between 1806 and 1918.-History:...
and Hesse
Grand Duchy of Hesse
The Grand Duchy of Hesse and by Rhine , or, between 1806 and 1816, Grand Duchy of Hesse —as it was also known after 1816—was a member state of the German Confederation from 1806, when the Landgraviate of Hesse-Darmstadt was elevated to a Grand Duchy, until 1918, when all the German...
. Hesse north of the river Main was already a member of the North German Confederation; its territory south of the river was now included as well.
The members of the North German Confederation that now became members of the Empire were Prussia, Mecklenburg-Schwerin
Mecklenburg-Schwerin
Mecklenburg-Schwerin was a duchy in northern Germany created in 1348, when Albert II of Mecklenburg and his younger brother John were raised to Dukes of Mecklenburg by King Charles IV...
, Saxe-Weimar-Eisenach
Saxe-Weimar-Eisenach
The Duchy of Saxe-Weimar-Eisenach was created in 1809 by the merger of the Ernestine duchies of Saxe-Weimar and Saxe-Eisenach. It was raised to a Grand duchy in 1815 by resolution of the Vienna Congress. In 1877, it officially changed its name to the Grand Duchy of Saxony , but this name was...
, Mecklenburg-Strelitz
Mecklenburg-Strelitz
Mecklenburg-Strelitz was a duchy and later grand duchy in northern Germany, consisting of the eastern fifth of the historic Mecklenburg region, roughly corresponding with the present-day Mecklenburg-Strelitz district , and the western exclave of the former Bishopric of Ratzeburg in modern...
, Oldenburg
Oldenburg (state)
Oldenburg — named after its capital, the town of Oldenburg — was a state in the north of present-day Germany. Oldenburg survived from 1180 until 1918 as a county, duchy and grand duchy, and from 1918 until 1946 as a free state. It was located near the mouth of the River Weser...
, Brunswick
Duchy of Brunswick
Brunswick was a historical state in Germany. Originally the territory of Brunswick-Wolfenbüttel in the Holy Roman Empire, it was established as an independent duchy by the Congress of Vienna in 1815...
, Saxe-Meiningen
Saxe-Meiningen
The Duchy of Saxe-Meiningen was one of the Saxon duchies held by the Ernestine line of the Wettin dynasty, located in the southwest of the present-day German state of Thuringia....
, Saxe-Altenburg
Saxe-Altenburg
Saxe-Altenburg was one of the Saxon duchies held by the Ernestine branch of the Wettin dynasty in present-day Thuringia.-History:The duchy originated from the medieval Burgraviate of Altenburg in the Imperial Pleissnerland , a possession of the Wettin Margraves of Meissen since 1243...
, Saxe-Coburg-Gotha, Anhalt
Anhalt
Anhalt was a sovereign county in Germany, located between the Harz Mountains and the river Elbe in Middle Germany. It now forms part of the state of Saxony-Anhalt.- Dukes of Anhalt :...
, Schwarzburg-Rudolstadt
Schwarzburg-Rudolstadt
Schwarzburg-Rudolstadt was a small historic state in present-day Thuringia, Germany with its capital at Rudolstadt.-History:Schwarzburg-Rudolstadt was established in 1599 in the course of a resettlement of Schwarzburg dynasty lands...
, Schwarzburg-Sondershausen
Schwarzburg-Sondershausen
Schwarzburg-Sondershausen was a small principality in Germany, in the present day state of Thuringia, with capital at Sondershausen.-History:...
, Waldeck
Waldeck (state)
Waldeck was a sovereign principality in the German Empire and German Confederation and, until 1929, a constituent state of the Weimar Republic. It comprised territories in present-day Hesse and Lower Saxony, ....
, Reuss (older line)
Reuss Elder Line
The Principality of Reuss Elder Line was a state in Germany, ruled by members of the House of Reuss. The Counts Reuss of Greiz, Lower- and Upper Greiz , were elevated to princely status in 1778. Its members bore the title Prince Reuss, Elder Line, or Prince Reuss of Greiz...
, Reuss (younger line)
Reuss Junior Line
The Principality of Reuss Younger Line formed a state in Germany, ruled by members of the House of Reuss. The Counts Reuss of Gera, of Schleiz, of Lobenstein, of Köstritz and of Ebersdorf, each became princes in 1806, and they and their reigning successors bore the title Prince Reuss, Younger Line...
, Schaumburg-Lippe
Schaumburg-Lippe
Schaumburg-Lippe was until 1946 a small state in Germany, located in the present day state of Lower Saxony, with its capital at Bückeburg.- History :...
, Lippe
Principality of Lippe
Lippe was a historical state in Germany. It was located between the Weser River and the southeast part of the Teutoburg forest.-History:...
, Lübeck, Bremen
Bremen (state)
The Free Hanseatic City of Bremen is the smallest of Germany's 16 states. A more informal name, but used in some official contexts, is Land Bremen .-Geography:...
, and Hamburg
Hamburg
-History:The first historic name for the city was, according to Claudius Ptolemy's reports, Treva.But the city takes its modern name, Hamburg, from the first permanent building on the site, a castle whose construction was ordered by the Emperor Charlemagne in AD 808...
.
The emperor
The King of Prussia was named in the constitution as the "President of the Confederation", and given the title of German Emperor (Deutscher Kaiser). Therefore, the emperorship was tied to the office of the King of Prussia instead of a personal unionPersonal union
A personal union is the combination by which two or more different states have the same monarch while their boundaries, their laws and their interests remain distinct. It should not be confused with a federation which is internationally considered a single state...
between the Empire and the Kingdom of Prussia
Kingdom of Prussia
The Kingdom of Prussia was a German kingdom from 1701 to 1918. Until the defeat of Germany in World War I, it comprised almost two-thirds of the area of the German Empire...
. This meant that, unlike Wilhelm II had come to assume at the end of World War I
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...
, he could not abdicate
Abdication
Abdication occurs when a monarch, such as a king or emperor, renounces his office.-Terminology:The word abdication comes derives from the Latin abdicatio. meaning to disown or renounce...
merely as German Emperor while keeping the Prussian crown (unless he were to have agreed to renounce the entire constitution which would have been, in effect, the de jure
De jure
De jure is an expression that means "concerning law", as contrasted with de facto, which means "concerning fact".De jure = 'Legally', De facto = 'In fact'....
dissolution of the Empire.
The emperor had the power to declare war (and make peace), represented the Empire abroad, conclude treaties and alliances, and accredit and receive ambassadors.
In the case of a non-defensive war being declared, consent of the Bundesrat was required.
Both chambers of parliament had to approve a treaty for it to be ratified.
(all Article 11)
The emperor also appointed the chancellor.
Other powers were:
- To convene the Bundesrat and the Reichstag (Article 12); the convocation of the Bundesrat was required to take place as soon as demanded by one-third of its members (Article 14).
- To prepare and publish Imperial laws (Article 17).
- To appoint Imperial officials (Article 18).
Legislation
Imperial laws were enacted, with the simple majority, by both the Reichstag (parliament) and the Bundesrat (Article 5). These laws took precedence over that of the individual states (Article 2).Article 13 required the annual convocation of both bodies. The Bundesrat could be called together for the preparation of business without the Reichstag, but not the converse.
The Bundesrat
The Bundesrat (Articles 6 & 7) was made up of representatives of the various states. In German constitutional law it is not considered a parliament chamber, although foreign commentators tend to do so. It can be translated to English as Federal Council.Each state was allocated a specified number of votes; although a state could appoint as many delegates to the Bundesrat as it had votes, each state was only able to block-vote. Each state had a different number of representatives, with the larger and more powerful states having more. Voting had to be in person.
In the case of legislation only affecting certain states, only those states were allowed to vote.
The Bundesrats presiding officer had a vote in the event of a tie-break.
A representative could not be a member at the same time of both chambers (Article 9), and they were given Imperial protection (Article 10).
The composition of the Bundesrat, 1871–1919, was:
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| Prussia
Kingdom of Prussia
The Kingdom of Prussia was a German kingdom from 1701 to 1918. Until the defeat of Germany in World War I, it comprised almost two-thirds of the area of the German Empire...
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| Bavaria
Kingdom of Bavaria
The Kingdom of Bavaria was a German state that existed from 1806 to 1918. The Bavarian Elector Maximilian IV Joseph of the House of Wittelsbach became the first King of Bavaria in 1806 as Maximilian I Joseph. The monarchy would remain held by the Wittelsbachs until the kingdom's dissolution in 1918...
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| Saxony
Kingdom of Saxony
The Kingdom of Saxony , lasting between 1806 and 1918, was an independent member of a number of historical confederacies in Napoleonic through post-Napoleonic Germany. From 1871 it was part of the German Empire. It became a Free state in the era of Weimar Republic in 1918 after the end of World War...
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| Württemberg
Kingdom of Württemberg
The Kingdom of Württemberg was a state that existed from 1806 to 1918, located in present-day Baden-Württemberg, Germany. It was a continuation of the Duchy of Württemberg, which came into existence in 1495...
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| Baden
Grand Duchy of Baden
The Grand Duchy of Baden was a historical state in the southwest of Germany, on the east bank of the Rhine. It existed between 1806 and 1918.-History:...
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| Hesse
Grand Duchy of Hesse
The Grand Duchy of Hesse and by Rhine , or, between 1806 and 1816, Grand Duchy of Hesse —as it was also known after 1816—was a member state of the German Confederation from 1806, when the Landgraviate of Hesse-Darmstadt was elevated to a Grand Duchy, until 1918, when all the German...
|
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| Mecklenburg-Schwerin
Mecklenburg-Schwerin
Mecklenburg-Schwerin was a duchy in northern Germany created in 1348, when Albert II of Mecklenburg and his younger brother John were raised to Dukes of Mecklenburg by King Charles IV...
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| Brunswick
Duchy of Brunswick
Brunswick was a historical state in Germany. Originally the territory of Brunswick-Wolfenbüttel in the Holy Roman Empire, it was established as an independent duchy by the Congress of Vienna in 1815...
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| 17 other small states
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| Alsace-Lorraine
Alsace-Lorraine
The Imperial Territory of Alsace-Lorraine was a territory created by the German Empire in 1871 after it annexed most of Alsace and the Moselle region of Lorraine following its victory in the Franco-Prussian War. The Alsatian part lay in the Rhine Valley on the west bank of the Rhine River and east...
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Permanent committees of the Bundesrat
The constitution established permanent committees (Article 8):- The army, incl. fortifications
- Naval matters
- Duties and taxation
- Commerce and trade
- The railways, post, and telegraphs
- Justice
- Finance
At least four states had to be represented on each committee, excluding the chairman. Each state was only allowed one vote.
On the committee for the army and fortifications, Bavaria had a permanent seat. All that committee's members were appointed by the Emperor; members of all the other committees were elected by the Bundesrat.
Additionally, there was created a Committee on Foreign Affairs, chaired by Bavaria, with individual members representing Bavaria, Saxony, and Württemberg, and two other members representing the other states.
The Reichstag
Membership of the parliament, the Reichstag or Imperial Diet, was by "universal suffrageUniversal suffrage
Universal suffrage consists of the extension of the right to vote to adult citizens as a whole, though it may also mean extending said right to minors and non-citizens...
" (this was interpreted to mean suffrage for all male citizens over 25). A secret ballot
Secret ballot
The secret ballot is a voting method in which a voter's choices in an election or a referendum are anonymous. The key aim is to ensure the voter records a sincere choice by forestalling attempts to influence the voter by intimidation or bribery. The system is one means of achieving the goal of...
was guaranteed (Article 20).
Transitional arrangements set the total number of deputies at 382, with 48 for Bavaria, 17 for Württemberg, 14 for Baden, and 6 for Hesse south of the river Main (Article 20).
Bills would be laid before the Reichstag in the name of the Emperor, in accordance with a resolution of the Bundesrat, and would be advocated by members of the Bundesrat (or by special commissioners appointed by it)(Article 16).
Imperial legislative powers
Article 4 detailed the areas for which the Empire was responsible for, or was entitled to legislate on:- Business activity
- Matters concerning natives of one state who were resident in another
- Citizenship
- Surveillance of foreign individuals and businesses
- The issuing of passports
- Insurance business (with some exceptions for Bavaria)
- Colonial activity
- Emigration
- Administration of imperial revenue
- Regulation of weights and measures
- Coinage and the issuing of paper money
- Banking
- Intellectual property
- Protection of German trade and shipping outside of the country
- Consular representation abroad
- Railways (with some exceptions for Bavaria)
- Road and canal construction for means of national defence
- Management of inter-state shipping
- Post and telegraphic services (with some exceptions for Bavaria and Württemberg)
- Authentication of public documents
- Civil law, including its administration
- Criminal law, including its administration
- The Imperial Army and Navy
- Supervision of the medical and veterinary professions.
- Press
- Trade unions
The Reichskanzler (Imperial Chancellor)
The Chancellor of the Empire (Reichskanzler), appointed by the Emperor, presided in the Bundesrat (Federal Council), and supervised the conduct of its business. The Chancellor of the Empire had the right to delegate the power to represent him to any member of the Federal Council. (Article 15)Decrees and ordinances of the Emperor required the counter-signature of the Chancellor to be valid (Article 17).
Citizenship
- A German citizenship was created, and equal treatment of citizens within each state was guaranteed (Article 3).
Imperial officials
Formally, imperial officials were appointed and dismissed by the Emperor. They were required to take an oath of allegiance. Imperial officials appointed from one of the states were guaranteed the same rights as given them by their native state. (Article 18)Amendments
The constitution was amended on December 20, 1873 by the Lex Miquel-Lasker to make the entirety of civil lawCivil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
the responsibility of the Empire. However, it took some two decades before a national civil code
Civil code
A civil code is a systematic collection of laws designed to comprehensively deal with the core areas of private law. A jurisdiction that has a civil code generally also has a code of civil procedure...
was finally promulgated (as the Bürgerliches Gesetzbuch
Bürgerliches Gesetzbuch
The Bürgerliches Gesetzbuch is the civil code of Germany. In development since 1881, it became effective on January 1, 1900, and was considered a massive and groundbreaking project....
).