Paulskirchenverfassung
Encyclopedia
The Constitution of the German Empire (Verfassung des Deutschen Reiches) of 1849, more commonly known as the Frankfurt Constitution or Paulskirchenverfassung (Constitution of St. Paul's Church), was an ultimately unsuccessful attempt to created a unified German state under an Emperor. It is called by its more common names in order to distinguish it from the successful Constitution of the German Empire
of 1871, initiated by Otto von Bismarck
.
The 1849 Constitution was proclaimed by the Frankfurt Parliament
, during its meeting in the Paulskirche church on 27 March 1849, and came in effect on 28 March, when it was published in the Reichs-Gesetz-Blatt 1849, p. 101-147. Thus, a united German Empire, as successor to the German Confederation
, had been founded de jure. De facto, however, most Princes on German soil were not willing to give up sovereignty and resisted it, so it did not succeed on land, with the German Confederation being restored a year later. On the other hand, this first and democratic German Empire, with its small Reichsflotte
(Imperial Fleet) founded a year earlier, fought the First War of Schleswig
at sea with the Battle of Heligoland
. The fleet's black-red-gold war ensign was one of the first instances of the official use of the modern republican Flag of Germany
.
After long and controversial negotiations, the parliament had passed the complete Imperial Constitution on 27 March 1849. It was carried narrowly, by 267 against 263 votes. The version passed included the creation of a hereditary emperor
(Erbkaisertum), which had been favoured mainly by the erbkaiserliche group around Gagern, with the reluctant support of the Westendhall group around Heinrich Simon. On the first reading, such a solution had been dismissed. The change of mind came about because all alternative suggestions, such as an elective monarchy
, or a Directory government
under an alternating chair were even less practicable and unable to find broad support, as was the radical left's demand for a republic
, modelled on the United States
.
The people were to be represented by a bicameral parliament, with a directly elected Volkshaus (House of commons), and a Staatenhaus (House of States) of representatives sent by the individual confederated states. Half of each Staatenhaus delegation was to be appointed by the respective state government, the other by the state parliament. Sections 178 and 179 called, at one and the same time, for public trial
s, oral criminal proceedings, and jury trial
s for the "more serious crimes and all political offenses." The introduction of the jury trial was followed by its adoption by the overwhelming majority of German states, and continued with the German Empire
Gerichtsverfassungsgesetz (GVG) of 27 January 1877, and would last until the Emminger Reform of 4 January 1924 during the Weimar Republic
.
The constitution's text opens with § 1 Sentence 1: „Das deutsche Reich besteht aus dem Gebiete des bisherigen deutschen Bundes.“ (The German Empire consists of the area of the German Confederation
).
Constitution of the German Empire
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....
of 1871, initiated 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...
.
The 1849 Constitution was proclaimed by the Frankfurt Parliament
Frankfurt Parliament
The Frankfurt Assembly was the first freely elected parliament for all of Germany. Session was held from May 18, 1848 to May 31, 1849 in the Paulskirche at Frankfurt am Main...
, during its meeting in the Paulskirche church on 27 March 1849, and came in effect on 28 March, when it was published in the Reichs-Gesetz-Blatt 1849, p. 101-147. Thus, a united German Empire, as successor to 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...
, had been founded de jure. De facto, however, most Princes on German soil were not willing to give up sovereignty and resisted it, so it did not succeed on land, with the German Confederation being restored a year later. On the other hand, this first and democratic German Empire, with its small Reichsflotte
Reichsflotte
The Reichsflotte was the first all-German Navy. It was founded on 14 June 1848 during the Revolutions of 1848 in the German states by the Frankfurt Parliament to provide a naval force in the First Schleswig War against Denmark.-History:...
(Imperial Fleet) founded a year earlier, fought the First War of Schleswig
First War of Schleswig
The First Schleswig War or Three Years' War was the first round of military conflict in southern Denmark and northern Germany rooted in the Schleswig-Holstein Question, contesting the issue of who should control the Duchies of Schleswig and Holstein. The war, which lasted from 1848–1851,...
at sea with the Battle of Heligoland
Battle of Heligoland (1849)
The first Battle of Heligoland took place on 4 June 1849 during the First Schleswig War and pitted the fledgling all-German navy known as the Reichsflotte , which had been founded less than a year prior, against the Royal Danish Navy, which had blocked German naval trade in North Sea and Baltic Sea...
. The fleet's black-red-gold war ensign was one of the first instances of the official use of the modern republican Flag of Germany
Flag of Germany
The flag of Germany is a tricolour consisting of three equal horizontal bands displaying the national colours of Germany: black, red, and gold....
.
After long and controversial negotiations, the parliament had passed the complete Imperial Constitution on 27 March 1849. It was carried narrowly, by 267 against 263 votes. The version passed included the creation of a hereditary emperor
Hereditary monarchy
A hereditary monarchy is the most common type of monarchy and is the form that is used by almost all of the world's existing monarchies.Under a hereditary monarchy, all the monarchs come from the same family, and the crown is passed down from one member to another member of the family...
(Erbkaisertum), which had been favoured mainly by the erbkaiserliche group around Gagern, with the reluctant support of the Westendhall group around Heinrich Simon. On the first reading, such a solution had been dismissed. The change of mind came about because all alternative suggestions, such as an elective monarchy
Elective monarchy
An elective monarchy is a monarchy ruled by an elected rather than hereditary monarch. The manner of election, the nature of the candidacy and the electors vary from case to case...
, or a Directory government
Directory (political)
A Directorial Republic is a country ruled by a College of several people which jointly exercise the powers of Head of State. This system of government is in contrast both with presidential republics and parliamentary republics. In political history, the term Directory, in French Directoire, applies...
under an alternating chair were even less practicable and unable to find broad support, as was the radical left's demand for a republic
Republic
A republic is a form of government in which the people, or some significant portion of them, have supreme control over the government and where offices of state are elected or chosen by elected people. In modern times, a common simplified definition of a republic is a government where the head of...
, modelled on the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
.
The people were to be represented by a bicameral parliament, with a directly elected Volkshaus (House of commons), and a Staatenhaus (House of States) of representatives sent by the individual confederated states. Half of each Staatenhaus delegation was to be appointed by the respective state government, the other by the state parliament. Sections 178 and 179 called, at one and the same time, for public trial
Public trial
Public trial or open trial is a trial open to public, as opposed to the secret trial. The term should not be confused with show trial.-United States:...
s, oral criminal proceedings, and jury trial
Jury trial
A jury trial is a legal proceeding in which a jury either makes a decision or makes findings of fact which are then applied by a judge...
s for the "more serious crimes and all political offenses." The introduction of the jury trial was followed by its adoption by the overwhelming majority of German states, and continued with 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...
Gerichtsverfassungsgesetz (GVG) of 27 January 1877, and would last until the Emminger Reform of 4 January 1924 during 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...
.
The constitution's text opens with § 1 Sentence 1: „Das deutsche Reich besteht aus dem Gebiete des bisherigen deutschen Bundes.“ (The German Empire consists of the area 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...
).
Literature
- Jörg-Detlef Kühne: Die Reichsverfassung der Paulskirche. Neuwied 1998, ISBN 3472030240.
- Karl BindingKarl BindingKarl Ludwig Lorenz Binding was a German jurist known as a promoter of the theory of retributive justice. His influential book, Die Freigabe der Vernichtung Lebensunwertem Lebens , written together with the psychiatrist Alfred Hoche, was used by the Nazis to justify their T-4 Euthanasia Program.-...
: Der Versuch der Reichsgründung durch die Paulskirche. Schutterwald/Baden 1998, ISBN 978-3-928640-45-9