1871-1918 жылдардағы Германия Конституциясы

German constitution from 1871 to 1918

The Constitution of the German Empire (Verfassung des Deutschen Reiches) was the basic law of the German Empire of 1871–1918, from 16 April 1871, coming into effect on 4 May 1871. German historians often refer to it as Bismarck's imperial constitution, in German the Bismarcksche Reichsverfassung (BRV). According to the constitution, the empire was a federation (federally organised national state) of 25 German states under the permanent presidency of Prussia, the largest and most powerful state. The presidency of the confederation (Bundespräsidium) was a hereditary office of the King of Prussia, who had the title of German Emperor. The Emperor appointed the Chancellor, the head of government and chairman of the Bundesrat, the council of representatives of the German states. Laws were enacted by the Bundesrat and the Reichstag, the Imperial Diet elected by male Germans above the age of 25 years. The constitution followed an earlier constitution of 1 January 1871, the Constitution of the German Confederation. That constitution had already incorporated some of the agreements between the North German Confederation and the four German states south of the River Main. It renamed the country to Deutsches Reich (conventionally translated to 'German Empire') and gave the Prussian King the title of German Emperor. The constitutions of 1 January and 4 May 1871 are both essentially an amended version of the North German Constitution, which had likewise been instigated by Otto von Bismarck. The political system remained the same. The constitution lost its effect in the November Revolution of 1918: the legislative and executive powers were performed by a new revolutionary organ. A national assembly created in 1919 a new, republican constitution: the Weimar Constitution, which has the same title in German as its predecessor (Verfassung des Deutschen Reiches, or 'Constitution of the German Reich').

The constitution was signed by William I, the King of Prussia, acting in his capacity as Bundespräsidium of the North German Confederation, the Kings of Bavaria 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 member states of the North German Confederation that now became members of the Empire were Prussia, Saxony, 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.

The Emperor exercised his powers with the assistance of the Chancellor of the Empire (Reichskanzler). The Chancellor was appointed by the Emperor, to whom he was solely responsible. He presided over the Bundesrat and supervised the conduct of its business. The Chancellor had the right to delegate the power to represent him to any member of the Bundesrat. (Article 15)

Decrees and ordinances of the Emperor required the counter signature of the Chancellor to be valid (Article 17). On paper, the Chancellor was a one man cabinet. In practice, however, the Secretaries of State functioned much like ministers in other monarchies.

Imperial laws were enacted, via simple majority, by both the Reichstag (parliament) and the Bundesrat (Article 5). These laws took precedence over the laws 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.

Membership of the parliament, the Reichstag or Imperial Diet, was by universal suffrage (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).

A single German citizenship was created, with equal treatment of citizens within each state guaranteed (Article 3). However, until 1913, a person would hold the citizenship of the Empire as a result of holding the citizenship of one of the States. Therefore, initially, the criteria for becoming a citizen (the rules of acquisition of citizenship by descent, birth, marriage, legitimation, for a German through admission, or through naturalization), were laid down by the separate laws of the individual States. Only on 22 July 1913 was a common uniform Nationality Law for the Empire – the Nationality Law of the German Empire and States (Reichs und Staatsangehörigkeitsgesetz, shorthand: RuStAG) – adopted.

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)