Biography[ edit ] Kelsen was born in Prague into a middle-class, German-speaking, Jewish family. Hans was their first child; there would be two younger brothers and a sister.
The design and implementation of the Weimar constitution began in latewith the abdication of the Kaiser and the collapse of the monarchy. The new government, headed by chancellor Friedrich Ebert and the SPD, believed Germany should become a democratic republic.
This reflected their own political values. Though Ebert and his cohort were nominally socialist, in reality, the SPD was dominated by moderates who favoured gradualism and progress rather than radical change.
They also believed that transforming Germany into a representative democracy was important for the peace process. If the victorious Allies could see genuine and lasting signs of political reform, Germany would fare better in the ensuing peace treaty.
In NovemberEbert and his cabinet decided to convene elections for a national assembly, which would be tasked with formulating a new political system.
These elections were held on January 19thjust a few days after the suppression of the Spartacist uprising in Berlin. The SPD returned the most votes of any single party, its representatives filling 38 percent of seats in the assembly.
With Berlin still at risk of renewed violence, the National Assembly met in the town of Weimar on February 6th. Within a week, the assembly had formed a coalition government comprised of the SPD and other left-wing or liberal parties. The Weimar National Assembly convened for almost 18 months.
During this time it completed two major tasks: Neither of these proved easy or popularly accepted by the German people. Preuss suggested a political system modelled on that of the United States. It would be federalist but must ensure the continuation of a single German nation; it would be democratic but would contain strong executive powers for dealing with emergencies.
Above all, the new constitution would be liberal: The draft constitution was prepared in the spring of Some of its key features included: The constitution had no stirring preamble that laid out a vision of a democratic Germany.
The proportional voting system contributed mightily to the political fragmentation of Weimar. The electoral law that followed [the constitution] authorised representation in the Reichstag for every party with 60, votes. The powers granted to the president in emergency situations were too extensive.
But the flaws in the constitution had less to do with the political system it established than with the fact that German society was so fragmented. A less divided society, and one with a more expansive commitment to democratic principles, could have made it work. The Weimar constitution recognised the seventeen German states and allowed for their continuation.
Law-making power would be shared between the federal Reichstag and state Landtags. The national government would have exclusive power in areas of foreign relations, defence, currency and some other areas.
The German parliament Reichstag was elected every four years, or sooner if the need arose. All German citizens aged 20 or more would be permitted to vote in Reichstag elections, regardless of status, property or gender.
All elections would utilise a secret ballot.
Reichstag deputies would be chosen using a system of proportional representation, meaning that parties would receive seats in proportion to their total votes. The broad equivalent of a Westminster-style prime minister, the Chancellor was responsible leading the government of the day.
The Chancellor was chosen, appointed and dismissed by the President and led a cabinet of ministers. The Chancellor did not have to be a sitting member of the Reichstag, though to pass legislation they certainly required support within the legislature.
The German President was elected by the people and served a seven-year term. The President was head of state and was not part of the Reichstag. In principle, the president was not intended to exercise much power or personal prerogatives, other than the appointment of the chancellor and ministers.
This constitution made the Weimar Republic one of the most democratic and liberal political systems of its time. It provided for universal suffrage, contained a limited bill of rights and offered a proportional method of electing the Reichstag.
But this was to prove a risky experiment, giving such an expansive liberal democracy to a nation and a people who had previously known only rigid monarchic and aristocratic rule.- Ways the Weimar Constitution Created Democracy in Germany The constitution of the Weimar Republic, drafted by the liberal jurist Hugo Preuss, aimed to combine the principles of the first ten amendments of the Constitution of the United States, the French Declaration of the Rights of Man, and twentieth-century modifications.
The Flaws of the Weimar Constitution Essay - The Flaws of the Weimar Constitution The majority of people believe that it was the Weimar constitution which was fundamentally flawed and that this damaged the long term prospects of the Weimar republic, although strong points can be identified in the constitution which support the argument that the.
comprehensive and partially annotated list of books about Herbert Marcuse, compiled by Harold Marcuse. Hans Kelsen (German: [hans ˈkɛlsən]; October 11, – April 19, ) was an Austrian jurist, legal philosopher and political rutadeltambor.com is author of the Austrian Constitution, which to a very large degree is still valid today.
Due to the rise of totalitarianism in Austria (and a constitutional change), Kelsen left for Germany in .
In my opinion there are two major weaknesses in the Weimar Constitution - firstly, the context for its creation and, secondly, the P.R. voting system The Weimar . Free list of easy, interestinf, custom written essay topics.
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