Frankfurt Constitution
The Frankfurt Constitution (
The constitution is called by its more common names in order to distinguish it from the Constitution of the German Empire enacted in 1871 and initiated by Otto von Bismarck.
Emergence
The 1849 Constitution was proclaimed by the
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
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 hitherto existing German Confederation"). The Frankfurt deputies had to answer the German question, i.e. the debate whether a unified Germany should comprise those Austrian crown lands included in the Confederation's territory or not. As the Habsburg emperors would never renounce any constituent lands of their multinational state, the delegates with the designation of King Frederick William IV opted for a Prussian-led "Lesser German solution" (Kleindeutsche Lösung), though the Constitution explicitly reserved the participation of the Austrian lands.
The German 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 trials, oral criminal proceedings, and jury trials for the "more serious crimes and all political offenses."[2] The introduction of the jury trial was followed by its adoption by the overwhelming majority of German states,[3] and continued with the German Empire Gerichtsverfassungsgesetz (GVG) of 27 January 1877,[4][5] and would last until the Emminger Reform of 4 January 1924 during the Weimar Republic.[6]
See also
References
- ^ Verfassung des Deutschen Reichs ("Paulskirchenverfassung") vom 28. März 1849
- JSTOR 724014.
- ^ Casper & Zeisel 1972, p. 137.
- ^ Casper & Zeisel 1972, p. 138.
- JSTOR 1283584.
- ^ Casper & Zeisel 1972, p. 135.
Further reading
- Jörg-Detlef Kühne: Die Reichsverfassung der Paulskirche. Neuwied 1998, ISBN 3-472-03024-0.
- ISBN 978-3-928640-45-9