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50-398: From 1922 to 1933, and again from 1951 Germany had had board level codetermination laws, inspired by collective agreements between worker unions and management. The 1919 Weimar Constitution said that, “Workers and employees shall be called upon to cooperate in common with employers, and on an equal footing, in the regulation of salaries and working conditions, as well as in the entire field of

100-519: A national assembly that was to act as Germany's interim parliament and draft a new constitution. Because conditions in Berlin were still unsettled, the delegates met at Weimar . Ebert wanted the victorious Allies to be reminded of Weimar Classicism , which included the writers Goethe and Schiller , while they were deliberating the terms of the Versailles Treaty . The initial draft of

150-568: A Commission on Codetermination ( Mitbestimmungskommission ), which in 2005, came to no conclusion about possible reforms of the law. Different members disagreed with one side wanting to reduce worker influence and the other side increase it. Weimar Constitution The Constitution of the German Reich ( German : Die Verfassung des Deutschen Reichs ), usually known as the Weimar Constitution ( Weimarer Verfassung ),

200-474: A balance between the executive and legislative branches under either a monarch or the people as sovereign. During July 1919, the National Assembly moved quickly through the draft constitution with most debates concluded within a single session and without public discussion of the issues. On 31 July the assembly adopted the new constitution by a vote of 262 to 75 with 1 abstention. Friedrich Ebert,

250-532: A prospective successor before confidence can be withdrawn. Under the Weimar Constitution, the vote of no confidence often resulted in difficulty forming new coalitions and a degree of parliamentary instability that in the end was fatal to the Republic. The government (cabinet) formulated decisions by majority vote; in the case of a tie, the president's vote was decisive. The Reichstag could accuse

300-533: A similar law was passed in 1951 but only applied to coal and steel companies. (It remains in force and applies from 1,000 employees on in these branches' companies.) It applies to all German capital companies, including public companies ( Aktiengesellschaft ), cooperatives ( eingetragene Genossenschaft ), private limited companies ( Gesellschaft mit beschränkter Haftung ) and partnerships ( Kommanditgesellschaft auf Aktien ) if they have over 2000 employees. Employees and national unions have equal representation on

350-470: A vote of two-thirds of the Reichstag. Rejection of the measure by the voters would act as a re-election of the president and cause the Reichstag to be dissolved. If a state failed to fulfil its obligations under the constitution or Reich law, the president could use armed force to compel the state to do so under a Reichsexekution . Article 48 gave the president the power to take measures – including

400-604: The Wilsonian principle of the self-determination of peoples. Articles 68 to 77 specified how legislation was to be passed into law. Laws could be proposed by a member of the Reichstag or by the Reich government and were passed on the majority vote of the Reichstag. Proposed legislation had to be presented to the Reichsrat, and the latter body's objections were required to be presented to the Reichstag. The Reich president had

450-413: The economic freedom of the individual. The Reich protected labor, intellectual creation, and the rights of authors, inventors, and artists. The right to form unions and to improve working conditions was guaranteed to every individual and to all occupations, and protection of the self-employed was established. Workers and employees were given the right to participate, on an equal footing with employers, in

500-461: The 1951 law, however, employees choose their representatives rather than being chosen by the national union; this had the effect of weakening union power. However, employees can use codetermination to protect themselves against wage cuts, layoffs and restructuring, and for this reason, it is believed that wage structure in Germany is remarkably stable. Former Chancellor Gerhard Schröder established

550-706: The Federal Republic of Germany ( West Germany until 1990, then reunited Germany ) and the Constitution of the German Democratic Republic ( East Germany ). The constitution's title was the same as the Constitution of the German Empire that preceded it. The German state's official name was German Reich ( Deutsches Reich ) until 1949. After the end of World War I , the government of Imperial Germany collapsed during

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600-503: The German states was likewise a citizen of Germany. Germans had the right of mobility and residence, and the right to acquire property and pursue a trade. They had the right to emigrate and to government protection against foreign authorities. The "traditional development" ( volkstümliche Entwicklung ) of foreign language communities in Germany was protected, including the right to use their native language in education, administration, and

650-412: The Reich was allowed to either legislate or prescribe fundamental principles, notably "taxation and other revenues in so far as they are claimed in whole or in part for its purposes". With the exceptions of the subjects for which the Reich government had exclusive jurisdiction, the states could pass legislation for their respective territories as they saw fit. Reich law superseded or nullified state law in

700-530: The Reichsrat by votes corresponding in number to its population". The Republic of German-Austria had been established after the dissolution of Austria-Hungary from the predominantly German-speaking regions of the former empire. Hugo Preuss publicly criticised the Triple Entente 's decision in the Treaty of Versailles to prohibit the unification of " Greater Germany ", saying that it was a contradiction of

750-470: The Weimar Constitution provided for the orderly transition to the new constitution and stipulated in some cases when the various provisions of the new constitution were to take effect. In cases where legislation had yet to be passed (such as the laws governing the new Supreme Judicial Court), the articles stipulated how the constitutional authority would be exercised in the interim by existing institutions. The section also stipulated that new bodies established by

800-419: The chancellor and, on the chancellor's recommendation, the members of the cabinet. The chancellor determined the political guidelines of his government and was responsible to the Reichstag. The chancellor and ministers were compelled to resign in the event the Reichstag passed a vote of no confidence . It was not, however, a constructive vote of no confidence , which requires that there be a positive majority for

850-521: The company. The head of the supervisory board is always a shareholder representative who has two votes in case of a deadlock. (Coal and steel industry companies' co-determination goes even further with full parity and a neutral tie-breaking member, instead) Under the Codetermination Act, the supervisory board must have 12, 16 or 20 members depending on the company's size. Two or three seats will usually be reserved for union representatives.

900-474: The confidence of the respective state parliament. Articles 20 to 40 described the national parliament, the Reichstag , which was seated in the capital, Berlin. The Reichstag was composed of representatives elected by the German people by an equal and secret ballot open to all Germans over 20 years of age. Proportional representation principles governed Reichstag elections. Members of the Reichstag represented

950-664: The constitution was written by the lawyer and liberal politician Hugo Preuss , who headed the Ministry of the Interior. He based his draft in large part on the Frankfurt Constitution of 1849 which was written after the German revolutions of 1848–1849 and intended for a unified Germany that did not come to pass at the time. He was influenced as well by Robert Redslob's theory of parliamentarianism, which called for

1000-496: The constitution, members – except for the Prussians who were provincial representatives – were considered to be bound by the instructions of their respective state governments. Government ministers were required to inform the Reichsrat of proposed legislation or administrative regulations to permit the Reichsrat to voice objections. Article 61 stated that " German Austria , after union with the German Reich, shall be represented in

1050-579: The demise of the Weimar Republic and the rise of Nazi Germany . The preamble to the Constitution reads: The German people united in every respect and inspired by the determination to restore and confirm the Reich in liberty and justice, to serve peace at home and peace abroad, and to further social progress, has given itself this constitution. The first part of the constitution specified

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1100-495: The early days of the German revolution of 1918–1919 . In the following months, the far left parties that fought to establish a soviet republic were defeated by those of the moderate left that wanted a parliamentary republic. The victorious parties, led by Friedrich Ebert of the Social Democrats (SPD), scheduled an election on 19 January 1919 – in which women for the first time had equal voting rights with men – for

1150-493: The economic development of the forces of production.” The coal and steel industry had required half worker and half shareholder seats on the company supervisory board, but outside these sectors, the Works Constitution Act 1952 merely required one third representation. By 1976, and given the success of worker participation, the governing social-liberal coalition decided that this should be raised. The 1976 Act

1200-413: The entire nation and were bound only to their own conscience. Members served for four years. The Reichstag could be dissolved by the Reich president, and new elections had to be held not more than 60 days after the date of dissolution. Members of the Reichstag and of the state parliaments were immune from arrest or investigation of a criminal offense except with the approval of the legislative body to which

1250-587: The event of a conflict. Adjudication of conflicts between a state and the Reich government fell under the jurisdiction of the Supreme Judicial Court. States were required to have a republican constitution and its authorities to enforce Reich law. Each state parliament ( Landtag ) was to be elected by equal, secret, direct and universal (both men and women) ballot according to the principles of proportional representation . Each state government (the "state ministry") could serve only so long as it had

1300-503: The first president of Germany , signed the Weimar Constitution on 11 August 1919, and it became effective on the 14th. A federal election was held on 6 June 1920 for the new Reichstag . The Weimar Constitution was divided into two main parts or chapters. They in turn were divided into seven and five sections respectively. In all, there were 181 articles in the constitution. Some of the more noteworthy provisions are described below, including those provisions which proved significant in

1350-474: The government. In private schools operated by religious communities, religious instruction could take place in accordance with the religious community's principles. Constitutional provisions about economic affairs were given in Articles 151 to 165. One of the fundamental principles was that economic life should conform to the principles of justice, with the goal of achieving a dignified life for all and securing

1400-414: The individual rights of Germans, the principal tenet being that every German was equal before the law. Men and women had "in principle" the same civil rights and duties. Privileges based on birth or rank – that is, the German nobility – were abolished. Official recognition of the titles of nobility ceased, except as a part of a person's name, and creation of noble titles was discontinued. A citizen of any of

1450-629: The interwar period, failed to prevent Adolf Hitler from setting up a Nazi dictatorship using the constitution as a cover of legitimacy. Although it was de facto repealed by the Enabling Act of 1933 , the constitution remained technically in effect throughout the Nazi era from 1933 to 1945 and also during the Allied occupation of Germany from 1945 to 1949. It was then replaced by the Basic Law for

1500-402: The judicial system. Other specific articles stated that: Articles 119 to 134 guided Germans' interaction with the community and established, among other provisions, that: The religious rights of Germans were enumerated in Articles 135 to 141. Residents of Germany were granted freedom of belief and conscience. Free practice of religion was guaranteed and protected by the state. No state church

1550-476: The law. Extraordinary courts were prohibited and military courts allowed only during wartime and aboard warships. The section required that laws be promulgated to establish a Supreme Judicial Court and administrative courts to adjudicate disputes between citizens and administrative offices of the state. The law to set up the Supreme Judicial Court ( Staatsgerichtshof für das Deutsche Reich )

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1600-531: The methods by which the Reich government administered the constitution and laws, particularly in the areas where the Reich government had exclusive jurisdiction – foreign relations, colonial affairs, defence, taxation and customs, merchant shipping and waterways, railroads and so forth. Articles 102 to 108 established the justice system of the Weimar Republic. The principal provision mandated judicial independence  – judges were responsible only to

1650-416: The military, extensive emergency powers, and appointed and removed the chancellor, who was responsible to the Reichstag. The constitution included a significant number of civic rights such as freedom of speech and habeas corpus . It guaranteed freedom of religion and did not permit the establishment of a state church. The constitution contained a number of weaknesses which, under the difficult conditions of

1700-400: The operation of educational institutions within the Reich. Public education was provided by state institutions and regulated by the government, with cooperation between federal, state and local authorities. Primary school was compulsory (eight years), with advanced schooling available to age 18 free of charge. The constitution also provided for private schooling, which was likewise regulated by

1750-402: The organization of the various parts of the federal government. Section 1 consisted of Articles 1 to 19 and established the German Reich as a republic whose power derived from the people. The Reich was defined as the region encompassed by the German states; other regions could be incorporated into the Reich based on popular self-determination and corresponding Reich legislation. (Germany received

1800-428: The other seats will be workers, officials and appointees of other interest groups. Companies with equal representation on their boards must have a dedicated management board position for labor affairs. Codetermination allows employees and not only unions to influence the operations of firms and their surplus. While this law was in some ways an extension of the codetermination law of 1951, it differed in key ways. Unlike

1850-486: The person belonged. The same approval was required for any other restriction on personal freedom which might harm the member's ability to fulfil his duties. Articles 41 to 59 describe the duties of the president, including the qualifications for the office. They also explain his relationship to the national ministry (cabinet) and the chancellor . The president served a term of seven years and could be re-elected once. He could be removed from office by referendum following

1900-418: The power to decree that a proposed law be presented to the voters as a referendum before taking effect. The Reichsrat was entitled to object to laws passed by the Reichstag. If the objection could not be resolved, the Reich president at his discretion could call for a referendum or let the proposed law die. If the Reichstag voted to overrule the Reichsrat's objection by a two-thirds majority, the Reich president

1950-466: The president, chancellor, or any minister of willful violation of the constitution or Reich law, with the case to be tried in the Supreme Judicial Court. Section 4 consisted of Articles 60 to 67 and established the Reichsrat (State Council). The Reichsrat was the means by which the states participated in legislation at the national level. The number of members was based on the states' populations, with

2000-412: The regulation of wages and working conditions as well as in economic development. The Reich reserved the right to "transfer to public ownership private economic enterprises suitable for socialization". It undertook to provide comprehensive insurance for health, maternity and old age. Workers were to be given legal representation on factory workers' councils. The final 16 articles (Articles 166 to 181) of

2050-481: The restriction that no state could have more than two-fifths of the total – a provision that limited only Prussia 's influence since it had three-fifths of Germany's population. Members of the Reichsrat were required to be members the state ministries, with the exception again of Prussia, half of whose members had to be appointed from among the Prussian provincial administrative authorities. Although not specified in

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2100-413: The supervisory board with the stockholders, but the board’s chairman must be a stockholder who has a tie-breaking vote. The principle is to have almost equal representation between employee representatives and shareholder representatives on the supervisory board ( Aufsichtsrat ). Germany company law has two levels of boards of directors. The supervisory board then elects a management board which leads

2150-418: The terms of the Treaty of Versailles, which reduced its land area and population by 13% and 12% respectively, on 7 May 1919, while the constitution was being debated in the National Assembly.) Section 1 also established that generally recognized principles of international law were binding on Germany and gave the Reich government exclusive jurisdiction of: Articles 7 through 11 listed many more areas in which

2200-415: The use of armed force and/or the suspension of civil rights – to restore law and order in the event of a serious threat to public safety or security. Since Article 50 required all of the president's decrees to be counter-signed by the chancellor or "competent national minister", use of Article 48 required agreement between president and chancellor. The president was also required to inform the Reichstag of

2250-507: The use of such measures, and the Reichstag could nullify the decree. In 1933 President Paul von Hindenburg and Chancellor Adolf Hitler , using Article 48 as the basis for the Reichstag Fire Decree , legally swept away most of the key the civil liberties granted in the Weimar Constitution and thereby facilitated the establishment of a dictatorship. The president had supreme command over the military and appointed and removed

2300-512: Was established. The exercise of civil and civic rights and admission to state office were independent of one's religious beliefs. Public declaration of religious beliefs was not required, and no one was forced to join in a religious act or swear a religious oath. Five articles from this section of the Constitution (Nos. 136–139 and 141) were incorporated into the Basic Law of the Federal Republic of Germany (passed in 1949) and remain constitutional law in Germany today. Articles 142 to 150 guided

2350-501: Was obligated to either proclaim the law into force or to call for a referendum. Constitutional amendments were proposed as ordinary legislation, but for such an amendment to take effect, it was required that two-thirds or more of the Reichstag members be present and that at least two-thirds of the members present vote in favor of the legislation. The Reich government had the authority to establish administrative regulations unless Reich law specified otherwise. Articles 78 to 101 described

2400-507: Was passed in July 1921. The second part of the Weimar Constitution laid out the basic rights and obligations of Germans. The German Civil Code of 1900, which included sections on personal rights and domestic relations, remained in effect. The constitution guaranteed individual rights such as freedom of speech and assembly to each citizen. They were based on the provisions of the earlier constitution of 1848 . Articles 109 to 118 set forth

2450-522: Was passed on May 4 after long consultations and debates in Parliament (the Bundestag ). This law was a political compromise between the Social Democrats and FDP coalition members; it reconciled views of individual employee participation in decision-making with the less conservative view of collective codetermination of labor. The 1976 law applies to all corporations with more than 2,000 employees;

2500-422: Was the constitution that governed Germany during the Weimar Republic era (1919–1933). The constitution created a federal semi-presidential republic with a parliament whose lower house, the Reichstag , was elected by universal suffrage using proportional representation . The appointed upper house, the Reichsrat , represented the interests of the federal states. The president of Germany had supreme command over

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