Article 48 allows the President to suspend civil rights and operate independently in an emergency. Two legislative bodies (the Reichstag and the Reichsrat) were formed to represent the German people.
What did Weimar Republic State 48 do?
Article 48 of the constitution of the Weimar Republic of Germany (1919–1933) allowed the President, under certain circumstances, to take emergency measures without the prior consent of the Reichstag. This power was understood to include the promulgation of “emergency decrees”.
What were the defects of Article 48?
The inherent defects of Weimar Republic were: The system of proportional representation made it difficult for a one party to achieve a majority. This lead to a rule by coalitions. Article 48 gave the President the power to impose emergency, suspend civil rights and rule by decree.
What were the powers of the president given by Article 48?
Its Article 48 gave the president the power, “if public security and order” were “seriously disturbed or endangered within the German Reich,” to use the armed forces to restore them or suspend “for a while in whole or in part fundamental rights” guaranteed by the Constitution such as freedom of assembly and speech.
What was Article 49?
Article 49 – Principles of legality and proportionality of criminal offences and penalties. No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national law or international law at the time when it was committed.
How much did Hindenburg use Article 48?
Central to the story that led to Hitler’s appointment as Chancellor is the role of President Paul von Hindenburg. By 1932 President Hindenburg had to use Article 48 to pass almost every law.
Why was the article 48 considered defective?
The article 48 of the Weimar republic was deemed to be dangerous because it allowed the president to suspend the civil rights of the citizens during emergencies without prior inquiries.
What were the 2 defects of Weimar Republic?
The Weimar constitution had some inherent defects , which made it unstable and vulnerable to dictatorship.
One defect was proportional representation.
Another defect was Article 48, which gave the President thepowers to impose emergency, suspend civil rights and rule by decree.
What does Article 25 say?
The Congress may by law provide for the case of removal, death, resignation or inability, both of the President and Vice President, declaring what officer shall then be President, or, in case of inability, act as President, and such officer shall be or act as President accordingly, until a President shall be elected or …
Why is it important to have checks and balances?
The system of checks and balances is an important part of the Constitution. With checks and balances, each of the three branches of government can limit the powers of the others. This way, no one branch becomes too powerful. the power of the other branches to make sure that the power is balanced between them.
What did Article 48 of the Constitution do?
Article 48 required the President to inform the Reichstag immediately of the issuance of the emergency decree and gave the Reichstag the power to nullify the emergency decree by simple majority action. The Reichsrat, the upper house, was not involved in the process at all.
Why was Article 48 of the Weimar Constitution important?
The decree was intended to help the people, but it eventually led to the downfall of democracy in Weimar, Germany. The beneficial attributes of Article 48 included the ability of the president to impose taxes on the people to help in times of economic crisis.
What was the power of the Reichstag under Article 48?
This power was understood to include the promulgation of “emergency decrees (Notverordnungen)”. Article 48 did require the President to inform the Reichstag immediately of the issuance of the emergency decree, and gave the Reichstag the power to nullify the emergency decree by simple majority action.
What was Article 38 of Constitution of 1948?
Draft Article 38-A was not part of the Draft Constitution 1948 – an Assembly member introduced it on 24 November 1948. It directed the State to develop the agricultural and animal husbandry sectors of the economy and to ensure that certain types of cattle were not slaughtered.