History of state and law of foreign countries. The Constitution of 1871 and the "Exceptional Law" against the Socialists (the most important)

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History of state and law of foreign countries. The Constitution of 1871 and the "Exceptional Law" against the Socialists (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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The Constitution of 1871 and the "Exceptional Law" against the Socialists

According to the constitution 1871 BC The empire included 22 monarchies and several "free cities".

The constitution endowed them with a certain degree of independence, but in reality it was a union in which there was not even a formal equality of members.

The head of the empire was the king Prussia, the largest German state. He was given the title of emperor. He was the head of the armed forces of the empire. He appointed all imperial officials, including the head of government - the Union Chancellor, delegates Prussia to the upper house of parliament, and could, if he wished, exercise direct leadership of the ministers.

The Bundesrat was the upper chamber of the German Empire. Its members were appointed by the governments of the states. The chairman of the Union Council was the position of the chancellor of the empire - a Prussian minister appointed by the Prussian king.

To reject a bill to change the constitution (including one that might affect the dominant position Prussia the opposition of 14 votes was enough, and Prussia had 17 votes, then 22. The opposition of Prussia was enough to reject any bill concerning the army, navy, certain taxes and fees.

The lower house of the German parliament bore the ancient name of the Reichstag. He was elected first to three, then (since 1887) for five years. The legislative initiative of the Reichstag was insignificant, as well as its power. In the event that he rejected a bill, the government could get around this obstacle by passing through the Bundesrat a differently redacted decree with the same content. The Reichstag had no control over the ministries.

The Reichstag was elected by universal male suffrage by secret ballot for a term of 3 years.

Early dissolution of the Reichstag could be carried out by a simple decision of the Federal Council, and this was done more than once.

The imperial government was represented in a single person - the Chancellor (Bismarck).

The Cabinet of Ministers did not exist. The ministers in charge of a certain range of duties were not so much colleagues of the chancellor as his subordinates, his deputies.

A reactionary constitution in its basic structure and spirit 1871 BC was filled with legal absurdities and inconsistencies. The "President" of the empire was bound by the countersignature of the chancellor, whom he appointed and dismissed at his discretion. The constitution limited the power of the emperor to the Federal Council, but, like the Prussian king, he could order his representatives in the Bundesrat to defeat any objectionable law relating to the constitution, finances and military affairs.

According to its class content, the constitution 1871 BC was an expression of the unwritten alliance established long before that between the feudal Junker landownership and the rapidly growing Prussian-German capital. Dominance in the named union was undoubtedly in the hands of the landowners and clerics (churchmen): frightened by the proletarian revolutionary movement, "having seen that the workers use democratic institutions for themselves and against the capitalists ...", the German bourgeoisie turned to servility to the landowners.

In the fight against the labor movement Bismarck resorted to measures of criminal and administrative repression. Taking advantage of the first opportunity, Bismarck pushed through parliament the so-called exceptional law 1878 BC

Imprisonment and a heavy fine threatened anyone for a fortune in an organization desiring "the overthrow of the existing state or social system through social democratic, socialist or communist aspirations."

Author: Selyanin A.V.

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