Weimar Constitution: Structure, Social Rights, and Crisis
Founding the Weimar Republic
Heavy military and judicial repression continued against revolutionary workers organizing general strikes. On February 6, the National Assembly met in the city of Weimar to draft the Constitution that would bear its name.
The Preamble and Social Rights
The Preamble reflected the new concept and emergence of Germany and incorporated social rights. It stated:
The German people, according to their populations, and animated by the desire to renew and consolidate freedom and justice for the empire, serving internal and external peace and promoting social development, is granted this Constitution.
After declaring in its Article 1 a republic and noting that state power came from the people, the reform introduced a genuinely parliamentary form of government, responding to one of the claims of U.S. President Wilson after the war.
Structure of the Weimar Government
The Constitution established popular sovereignty, universal and secret suffrage for men and women aged 20 years, and introduced accountability to Parliament for both the Chancellor and the President of the Republic.
Roles of the Chancellor and Parliament
The parliamentary structure included:
- The Chancellor (appointed by the President) nominally headed the government. The Chancellor was often caught between the parliamentary majority providing confidence and the President’s power to dismiss him.
- The Chancellor needed to exercise their function based on confidence in the Bundestag.
- The Chancellor and their replacement were responsible to the Bundestag and Bundesrat for the exercise of their powers.
- The Parliament (Reichstag) functioned primarily in an advisory and monitoring capacity, representing the 17 Länder (states).
The Powerful Role of the President
To compensate the Parliament, the President was elected by direct universal suffrage for seven years. The extensive duties of the President led many to characterize the role as a substitute for the Emperor, resulting in the Republic becoming a de facto presidential system. Presidential powers included:
- Appointment and dismissal of the Chancellor and members of the government.
- Dissolution of Parliament.
- Submitting Acts of Parliament to popular consultation (if appropriate).
- Holding the supreme command of the army.
- Above all, the opportunity to take action against what they interpreted as “perturbations of the order,” enabling him to govern through presidential decrees outside of Parliament (Article 48).
Constitutional Flaws and Political Crisis
The introduction of elements of direct democracy (such as popular referendums and requiring 10% of voters to develop a draft law) paved the way for demagoguery. These mechanisms were later used by Hitler to sway the people during the plebiscite on the Young Plan regarding war reparations in 1929.
Electoral Fragmentation and Governance Issues
The proportionality of the electoral system resulted in significant parliamentary fragmentation, making it difficult to achieve stable majorities necessary to support the government. Furthermore, the anti-establishment character of some parties complicated the formation of governing coalitions. The separation of powers was often interpreted as necessary opposition between Parliament and the Government, hindering effective governance.
The Rise of Authoritarianism
The problems associated with war reparations agreed upon in the Treaty of Versailles (1919) and the subsequent economic crisis created a situation where supporters of authoritarian solutions gained great influence in the army, judiciary, administration, and economy. This resulted in the radicalization of forces hostile to the parliamentary system on both the political right and left.
The Social Republic: Rights and Compromise
The Weimar Constitution reflected a compromise between the bourgeoisie and the proletariat, giving it the character of a Social Republic and moving beyond the beginnings of the welfare state inaugurated by Bismarck.
Key Social Provisions
In addition to traditional liberal rights of the nineteenth century (equality before law, freedom of movement, personal liberty of thought and expression, right to free religious practice, etc.), it introduced substantial social rights intended to curb working-class radicalization toward a socialist republic. These included:
- Social obligations regarding property and housing
- Partition and land use regulations
- Social security provisions
- Potential nationalization of private property
- Collective agreements and joint management