Article 48 (Weimar Constitution)

Last updated • 13 min readFrom Wikipedia, The Free Encyclopedia

Article 48 of the constitution of the Weimar Republic of Germany (1919–1933) allowed the Reich president, under certain circumstances, to take emergency measures without the prior consent of the Reichstag. This power came to be understood to include the promulgation of emergency decrees. It was used frequently by Reich President Friedrich Ebert of the Social Democratic Party to deal with both political unrest and economic emergencies. Later, under President Paul von Hindenburg and the presidential cabinets, Article 48 was called on more and more often to bypass a politically fractured parliament and to rule without its consent. After the Nazi Party's rise to power in the early 1930s, the law allowed Chancellor Adolf Hitler, with decrees issued by Hindenburg, to create a totalitarian dictatorship by seemingly legal means.

Contents

Text

Artikel 48Article 48
§1 Wenn ein Land die ihm nach der Reichsverfassung oder den Reichsgesetzen obliegenden Pflichten nicht erfüllt, kann der Reichspräsident es dazu mit Hilfe der bewaffneten Macht anhalten.§1 In the event of a State [a] not fulfilling the obligations imposed upon it by the Reich [b] Constitution or by the laws of the Reich, the president of the Reich may make use of the armed forces to compel it to do so.
§2 Der Reichspräsident kann, wenn im Deutschen Reiche die öffentliche Sicherheit und Ordnung erheblich gestört oder gefährdet wird, die zur Wiederherstellung der öffentlichen Sicherheit und Ordnung nötigen Maßnahmen treffen, erforderlichenfalls mit Hilfe der bewaffneten Macht einschreiten. Zu diesem Zwecke darf er vorübergehend die in den Artikeln 114, 115, 117, 118, 123, 124 und 153 festgesetzten Grundrechte ganz oder zum Teil außer Kraft setzen.§2 If public security and order are seriously disturbed or endangered within the German Reich, the president of the Reich may take measures necessary for their restoration, intervening if need be with the assistance of the armed forces. For this purpose he may suspend for a while, in whole or in part, the fundamental rights provided in Articles 114 [i] , 115 [ii] , 117 [iii] , 118 [iv] , 123 [v] , 124 [vi] and 153 [vii] .
§3 Von allen gemäß Abs. 1 oder Abs. 2 dieses Artikels getroffenen Maßnahmen hat der Reichspräsident unverzüglich dem Reichstag Kenntnis zu geben. Die Maßnahmen sind auf Verlangen des Reichstags außer Kraft zu setzen.§3 The president of the Reich must inform the Reichstag without delay of all measures taken in accordance with Paragraphs 1 or 2 of this Article. These measures are to be revoked on the demand of the Reichstag.
§4 Bei Gefahr im Verzuge kann die Landesregierung für ihr Gebiet einstweilige Maßnahmen der in Abs. 2 bezeichneten Art treffen. Die Maßnahmen sind auf Verlangen des Reichspräsidenten oder des Reichstags außer Kraft zu setzen.§4 If danger is imminent, a State government may, for its own territory, take temporary measures as provided in Paragraph 2. These measures are to be revoked on the demand of the president of the Reich or of the Reichstag.
§5 Das Nähere bestimmt ein Reichsgesetz.§5 Details are to be determined by a law of the Reich. [c]
  1. The German term Land translates into English most appropriately as "state", as Weimar Germany, like Germany under the monarchy until 1918 and the modern Federal Republic, was a federation consisting of several Länder with some degree of autonomy.
  2. Reich translates literally as "empire" or "realm". The term persisted even after the end of the monarchy in 1918. The German state's official name was therefore Deutsches Reich through the Weimar Republic and to the end of World War II.
  3. No such law was ever enacted.

History

Background

The Weimar National Assembly, which was responsible for writing a constitution for a new, democratic Germany following the overthrow of the Hohenzollern monarchy at the end of World War I, had the task of producing a document that would be accepted by both conservatives who wanted to keep the semi-constitutional monarchy of the Empire and people on the left who were looking for a socialist or even communist government. The Weimar Constitution's framers intended Article 48 to allow a strong executive within the parliamentary republic that could bypass the slower legislative process in times of crisis. [1]

The article allowed the Reich president to use the armed forces to compel any federal state to obey the lawful obligations placed on it by the Reich government. In addition, if "security and order" were endangered, the president could take measures, including use of the military, to restore order; he could also suspend certain enumerated fundamental rights: personal liberty, inviolability of the home, of the mail and other communications, freedom of speech, freedom of assembly and of association, and the inviolability of property. The president had to inform the Reichstag of any such measures, and the Reichstag could revoke them by a majority vote. Since under Article 50 of the Weimar Constitution the president's decrees had to be counter-signed by the chancellor or "competent national minister", use of Article 48 required agreement between president and chancellor. There was to be a law passed by the parliament to determine the "details" of the powers granted the president, but none was ever written. [2]

Friedrich Ebert, the first president of the Weimar Republic. His 136 invocations of Article 48 were by agreement with Parliament. Bundesarchiv Bild 102-00015, Friedrich Ebert.jpg
Friedrich Ebert, the first president of the Weimar Republic. His 136 invocations of Article 48 were by agreement with Parliament.

Under President Ebert

In the early years of the Republic, following the signing of the Treaty of Versailles in June 1919, the combination of reparations payments, the occupation of the Ruhr by French and Belgian troops between 1921 and 1923, and the resulting hyperinflation led to economic turmoil and political unrest from both the left and right. To cope with the crises, Friedrich Ebert, a Social Democrat and the Republic's first president, used Article 48 on 136 occasions, [3] although he always based invoking the act on agreements between himself, the government and parliament. [4] In October 1923, when the Communist Party of Germany entered the Social Democratic-led governments of Saxony and Thuringia with hidden revolutionary intentions, Ebert used a Reichsexekution under Article 48 to send troops into the two states to remove the Communists from the governments. [5] Ebert later granted Chancellor Wilhelm Cuno considerable latitude under Article 48 to deal with inflation and matters related to the Reichsmark. It was a more controversial use of the power because it was not clear that the constitutional article was meant to be used to handle economic issues. [6] The Emminger Reform of 4 January 1924 [7] also used Article 48 to abolish the jury system as a cost saving measure [8] and replace it with the mixed system of judges and lay judges that still exists today. [9]

Under President Hindenburg

Article 48 was used by President Paul von Hindenburg in 1930 to deal with the effects of the Great Depression. During the spring and summer, Chancellor Heinrich Brüning found his government unable to obtain a parliamentary majority for its financial reform bill, which was voted down by the Reichstag, but the government did not seriously try to negotiate with the parliament to find a modus vivendi . Instead, Brüning asked Hindenburg to invoke Article 48 in order to promulgate the bill as an emergency decree and thereby give Brüning's government the authority to act without the consent of the Reichstag. When Hindenburg gave his authorization and issued the decree, it was the first time that a bill that had been legislatively rejected was later promulgated by way of executive decree, a tactic whose constitutionality has been questioned. On 18 July 1930 the Reichstag repudiated the decree by a vote of 236 to 221, with the Social Democrats, Nazis, German National People's Party and Communists voting in favor. [10] Under Article 48, the vote by a majority of the Reichstag members invalidated the presidential decree. Brüning then asked Hindenburg to dissolve parliament and call for new elections. The Reichstag was accordingly dissolved on 18 July and new elections were scheduled for 14 September 1930.

Paul von Hindenburg, the second president of the Weimar Republic. He used Article 48 109 times in three years, largely as a way to bypass parliament. Bundesarchiv Bild 183-R17289, Paul v. Hindenburg.jpg
Paul von Hindenburg, the second president of the Weimar Republic. He used Article 48 109 times in three years, largely as a way to bypass parliament.

The September 1930 election resulted in increased representation in the Reichstag for the Communists and, most dramatically the Nazis, at the expense of the moderate middle-class parties. Forming a parliamentary majority became even more difficult for Brüning. In fact, just to conduct the normal business of government, he was forced to invoke Article 48 many more times between 1930 and 1932. Subsequent governments under chancellors Franz von Papen and Kurt von Schleicher during the tumultuous year 1932 obtained decrees from Hindenburg under Article 48 when they too found it impossible to obtain a parliamentary majority as the extremist parties on the left and right gained power. [11] [12] Altogether, Article 48 was invoked by Hindenburg 109 times from 1930 to 1932: [13]

Uses of Article 48 1930–1932
YearSitting days of
the Reichstag
Laws passed by
the Reichstag
Laws passed under
Article 48
193094985
1931413444
193213560
Totals137109

The invocation of Article 48 by successive governments helped seal the fate of the Weimar Republic. While Brüning's first invocation of an emergency decree may have been well-intentioned, the power to rule by decree was increasingly used not in response to a specific emergency but as a substitute for parliamentary leadership. The excessive use of the decree power and the fact that successive chancellors were no longer responsible to the Reichstag probably played a significant part in the loss of public confidence in constitutional democracy, in turn leading to the rise of the extremist parties.[ citation needed ]

Nazi use

On 30 January 1933, Adolf Hitler was appointed chancellor. Lacking a majority in the Reichstag, he formed a coalition with the national conservative German National People's Party (DNVP). Not long afterwards, he called elections for 5 March. Six days before the election, on 27 February, the Reichstag fire damaged the house of parliament in Berlin. Claiming that the fire was the first step in a Communist revolution, the Nazis used the fire as a pretext to induce President Hindenburg to sign the Reichstag Fire Decree, officially the Presidential Decree for the Protection of People and State (Verordnung des Reichspräsidenten zum Schutz von Volk und Staat). [14]

Under the decree, which was issued on the basis of Article 48, the government was given authority to curtail constitutional rights including habeas corpus, free expression of opinion, freedom of the press, rights of assembly, and the privacy of postal, telegraphic and telephonic communications. Constitutional restrictions on searches and confiscation of property were likewise rescinded. [15]

The burning Reichstag building, 27 February 1933. The event gave Hitler an excuse to invoke Article 48, which in turn led to him gaining dictatorial powers by seemingly legal means. Reichstagsbrand (cropped).jpg
The burning Reichstag building, 27 February 1933. The event gave Hitler an excuse to invoke Article 48, which in turn led to him gaining dictatorial powers by seemingly legal means.

The Reichstag Fire Decree was one of the first steps the Nazis took toward the establishment of a one-party dictatorship in Germany. With key government posts in the hands of Nazis and with the constitutional protections on civil liberties suspended by the decree, the Nazis were able to use their control of the police to intimidate and arrest their opposition, in particular the Communists. Due to the use of Article 48, the repression had the mark of legality.

The 5 March 1933 elections gave the Nazi-DNVP coalition a narrow majority in the Reichstag. On 23 March the Nazis were nevertheless able to maneuver the passage of the Enabling Act by the required two-thirds parliamentary majority, effectively abrogating the authority of the Reichstag and placing its authority in the hands of the cabinet (in effect, the chancellor, Adolf Hitler). This had the effect of giving Hitler dictatorial powers. [16]

Over the years, Hitler used Article 48 to give his dictatorship the stamp of legality. Thousands of his decrees were based explicitly on the Reichstag Fire Decree, and hence on Article 48, allowing Hitler to rule under what amounted to martial law. It was a major reason why Hitler never formally repealed the Weimar Constitution, though it had effectively been rendered a dead letter with the passage of the Enabling Act. [17]

Effect on post-war constitutions

The misuse of Article 48 was fresh in the minds of the framers of the Basic Law for the Federal Republic of Germany. They decided to significantly curb the powers of the president, to the point that the office, unlike its Weimar predecessor, has little de facto executive power. Also, to prevent a government from being forced to rely on decrees to carry on normal business, they stipulated that a chancellor may only be removed from office via a constructive vote of no confidence, which requires that a prospective successor already command a majority before a chancellor can be voted out of office. [18]

Article 48 also influenced the framers of the French Constitution of 1958, whose Article 16 similarly allows the president of France to rule by decree in emergencies. [19] The French article, however, includes much stronger safeguards against misuse than was the case in Weimar. The president is required to consult with the prime minister and the presidents of both houses of parliament before issuing emergency decrees; these decrees, in turn, cannot be used to suspend civil rights and liberties, but are instead required to be designed to restore the normal rules of the Constitution. That is, the president cannot use Article 16 as a substitute for parliamentary confidence. Article 16 also prohibits the dissolution of the National Assembly while an emergency is in effect, while the parliament retains the right to submit emergency decrees to the Constitutional Council, which has the power to invalidate them if the conditions necessary for the article's invocation no longer exist.

Interpretation

The text of the Article 48 neither precisely defined the kind of emergency that would justify its use nor expressly granted to the president the power to enact, issue, or otherwise promulgate legislation. However, such an inherent presidential legislative power was clearly implied, since the Article expressly gave the Reichstag the power to cancel the emergency decree by a simple majority vote. Such a parliamentary power implied that a decree could, either by its express terms or its operation, impinge on the Reichstag's constitutional function. [20]

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. [20] [21] If the Reichstag nullified the decree, the president could retaliate by using the power granted him under Article 25 to dissolve the Reichstag and call for new elections within 60 days.

Notes

  1. "Liberty of the person is inviolable. A restriction upon, or deprivation of, personal liberty, may not be imposed by public authority except by law.
    Persons who have been deprived of their liberty must be informed no later than the following day by what authority, and upon what grounds, the deprivation of liberty was ordered; without delay they shall have the opportunity to lodge objections against such deprivation of liberty."
  2. "The dwelling of every German is his sanctuary and is inviolable. Exceptions may be imposed only by authority of law."
  3. "Secrecy of postal, telegraphic, and telephonic communication is inviolable. Exceptions may be permitted only by a national law."
  4. "Every German has the right within the limits of the general laws, to express his opinion orally, in writing, in print, pictorially, or in any other way. No circumstance arising out of his work or employment shall hinder him in the exercise of this right, and no one shall discriminate against him if he makes use of such right.
    No censorship shall be established, but exceptional provisions may be made by law for cinematographs. Moreover, legal measures are permissible for the suppression of indecent and obscene literature, as well as for the protection of youth at public plays and exhibitions."
  5. "All Germans have the right to assemble peaceably and unarmed without notice or special permission.
    By national law notice may be required for meetings in the open air, and they may be prohibited in case of immediate danger to the public safety."
  6. "All Germans have the right to form societies or associations for purposes not prohibited by the criminal code. This right may not be limited by preventive regulations. The same provision applies to religious societies and associations.
    Every association has the right to incorporate according to the provisions of the civil code. Such right may not be denied to an association on the ground that its purpose is political, social, or religious."
  7. "Property shall be guaranteed by the constitution. Its nature and limits shall be prescribed by law.
    Expropriation shall take place only for the general good and only on the basis of law. It shall be accompanied by payment of just compensation unless otherwise provided by national law. In case of dispute over the amount of compensation recourse to the ordinary courts shall be permitted, unless otherwise provided by national law. Expropriation by the Reich over against the states, municipalities, and associations serving the public welfare may take place only upon the payment of compensation.
    Property imposes obligations. Its use by its owner shall at the same time serve the public good."

Related Research Articles

<span class="mw-page-title-main">Weimar Republic</span> German state from 1918 to 1933

The Weimar Republic, officially known as the German Reich, was a historical period of Germany from 9 November 1918 to 23 March 1933, during which it was a constitutional federal republic for the first time in history; hence it is also referred to, and unofficially proclaimed itself, as the German Republic. The period's informal name is derived from the city of Weimar, which hosted the constituent assembly that established its government. In English, the republic was usually simply called "Germany", with "Weimar Republic" not commonly used until the 1930s. The Weimar Republic had a semi-presidential system.

<span class="mw-page-title-main">Reichstag Fire Decree</span> 1933 decree in Nazi Germany that abolished key civil liberties for citizens

The Reichstag Fire Decree is the common name of the Decree of the Reich President for the Protection of People and State issued by German President Paul von Hindenburg on the advice of Chancellor Adolf Hitler on 28 February 1933 in immediate response to the Reichstag fire. The decree nullified many of the key civil liberties of German citizens. With the Nazis in powerful positions in the German government, the decree was used as the legal basis for the imprisonment of anyone considered to be opponents of the Nazis, and to suppress publications not considered "friendly" to the Nazi cause. The decree is considered by historians as one of the key steps in the establishment of a one-party Nazi state in Germany.

<span class="mw-page-title-main">Enabling Act of 1933</span> Transfer of the Reichstags power to the government under Hitler

The Enabling Act of 1933, officially titled Gesetz zur Behebung der Not von Volk und Reich, was a law that gave the German Cabinet – most importantly, the Chancellor – the power to make and enforce laws without the involvement of the Reichstag or Weimar President Paul von Hindenburg, leading to the rise of Nazi Germany. Critically, the Enabling Act allowed the Chancellor to bypass the system of checks and balances in the government.

<span class="mw-page-title-main">Heinrich Brüning</span> Chancellor of Germany from 1930 to 1932

Heinrich Aloysius Maria Elisabeth Brüning was a German Centre Party politician and academic, who served as the chancellor of Germany during the Weimar Republic from 1930 to 1932.

<span class="mw-page-title-main">Weimar Constitution</span> German constitution of 1919

The Constitution of the German Reich, usually known as the Weimar Constitution, 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 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.

<span class="mw-page-title-main">Kurt von Schleicher</span> German politician (1882–1934)

Kurt Ferdinand Friedrich Hermann von Schleicher was a German military officer and the penultimate chancellor of Germany during the Weimar Republic. A rival for power with Adolf Hitler, Schleicher was murdered by Hitler's Schutzstaffel during the Night of the Long Knives in 1934.

<span class="mw-page-title-main">President of Germany (1919–1945)</span> Head of state under the Weimar Constitution

The president of the Reich was the German head of state under the Weimar constitution, which was officially in force from 1919 to 1945. In English he was usually simply referred to as the president of Germany.

<span class="mw-page-title-main">1932 German presidential election</span>

Presidential elections were held in Germany on 13 March 1932, with a runoff on 10 April. Independent incumbent Paul von Hindenburg won a second seven-year term against Adolf Hitler of the Nazi Party (NSDAP). Communist Party (KPD) leader Ernst Thälmann also ran and received more than ten percent of the vote in the runoff. Theodor Duesterberg, the deputy leader of the World War I veterans' organization Der Stahlhelm, ran in the first round but dropped out of the runoff. This was the second and final direct election to the office of President of the Reich, Germany's head of state under the Weimar Republic.

<span class="mw-page-title-main">1932 Prussian coup d'état</span> Takeover by German chancellor von Papen

The 1932 Prussian coup d'état or Preußenschlag took place on 20 July 1932, when Reich President Paul von Hindenburg, at the request of Franz von Papen, then Reich Chancellor of Germany, replaced the legal government of the Free State of Prussia with von Papen as Reich Commissioner. A second decree the same day transferred executive power in Prussia to the Reich Minister of the Armed Forces Kurt von Schleicher and restricted fundamental rights.

<span class="mw-page-title-main">March 1933 German federal election</span>

Federal elections were held in Germany on 5 March 1933, after the Nazi seizure of power on 30 January and just six days after the Reichstag fire. The election saw Nazi stormtroopers unleash a widespread campaign of violence against the Communist Party (KPD), left-wingers, trade unionists, the Social Democratic Party and the Centre Party. They were the last multi-party elections in a united Germany until 1990.

<span class="mw-page-title-main">July 1932 German federal election</span>

Federal elections were held in Germany on 31 July 1932, following the premature dissolution of the Reichstag. The Nazi Party made significant gains and became the largest party in the Reichstag for the first time, although they failed to win a majority. The Communist Party increased their vote share as well. All other parties combined held less than half the seats in the Reichstag, meaning no majority coalition government could be formed without including at least one of these two parties.

<span class="mw-page-title-main">1930 German federal election</span>

Federal elections were held in Germany on 14 September 1930. Despite losing ten seats, the Social Democratic Party of Germany (SPD) remained the largest party in the Reichstag, winning 143 of the 577 seats, while the Nazi Party (NSDAP) dramatically increased its number of seats from 12 to 107. The Communists also increased their parliamentary representation, gaining 23 seats and becoming the third-largest party in the Reichstag.

<span class="mw-page-title-main">Chancellor of Germany</span> Head of government of Germany

The chancellor of Germany, officially the federal chancellor of the Federal Republic of Germany, is the head of the federal government of Germany, and the commander-in-chief of the German Armed Forces during wartime. The chancellor is the chief executive of the Federal Cabinet and heads the executive branch. The chancellor is elected by the Bundestag on the proposal of the federal president and without debate.

<span class="mw-page-title-main">Stennes revolt</span> 1930–31 revolt within the Nazi Party

The Stennes revolt was a revolt within the Nazi Party in 1930 through 1931 led by Walter Stennes, the Berlin commandant of the Sturmabteilung (SA), the Nazi's "brownshirt" storm troops. The revolt arose from internal tensions and conflicts within the Nazi Party of Germany, particularly between the party organization headquartered in Munich and Adolf Hitler on the one hand, and the SA and its leadership on the other hand. There is some evidence suggesting that Stennes may have been paid by the government of German chancellor Heinrich Brüning, with the intention of causing conflict within and destabilizing the Nazi movement.

<span class="mw-page-title-main">Reichstag (Weimar Republic)</span> Legislative body of Weimar Germany

The Reichstag of the Weimar Republic (1919–1933) was the lower house of Germany's parliament; the upper house was the Reichsrat, which represented the states. The Reichstag convened for the first time on 24 June 1920, taking over from the Weimar National Assembly, which had served as an interim parliament following the collapse of the German Empire in November 1918.

<span class="mw-page-title-main">Reichstag (Nazi Germany)</span> Legislative body of Nazi Germany

The Reichstag, officially the Greater German Reichstag after 1938, was the national parliament of Nazi Germany from 1933 to 1945. Following the Nazi seizure of power and the enactment of the Enabling Act of 1933, it functioned purely as a rubber stamp for the actions of Adolf Hitler's dictatorship — always by unanimous consent — and as a forum to listen to Hitler's speeches. In this purely ceremonial role, the Reichstag convened only 20 times, the last on 26 April 1942. The President of the Reichstag throughout this period was Hermann Göring.

<span class="mw-page-title-main">Papen cabinet</span> 1932 cabinet of Weimar Germany

The Papen cabinet, headed by the independent Franz von Papen, was the nineteenth government of the Weimar Republic. It took office on 1 June 1932 when it replaced the second Brüning cabinet, which had resigned the same day after it lost the confidence of President Paul von Hindenburg.

<span class="mw-page-title-main">Von Schleicher cabinet</span> 1932–33 cabinet of Weimar Germany

The von Schleicher cabinet, headed by Chancellor Kurt von Schleicher, was the 20th government of the Weimar Republic. Schleicher assumed office on 3 December 1932 after he had pressured his predecessor, Franz von Papen, to resign. Most of his cabinet's members were holdovers from the Papen cabinet and included many right-wing independents along with two members of the nationalist German National People's Party (DNVP).

The presidential cabinets were a succession of governments of the Weimar Republic whose legitimacy derived exclusively from presidential emergency decrees. From April 1930 to January 1933, three chancellors, Heinrich Brüning, Franz von Papen, and Kurt von Schleicher were appointed by President Paul von Hindenburg, and governed without the consent of the Reichstag, Germany's lower house of parliament. After Schleicher's tenure, the leader of the Nazis Adolf Hitler succeeded to the chancellorship and regained the consent of the Reichstag by obtaining a majority in the March 1933 German federal election with DNVP.

<span class="mw-page-title-main">First Brüning cabinet</span> 1930–31 cabinet of Weimar Germany

The first Brüning cabinet, headed by Heinrich Brüning of the Centre Party, was the seventeenth democratically elected government during the Weimar Republic. It took office on 30 March 1930 when it replaced the second Müller cabinet, which had resigned on 27 March over the issue of how to fund unemployment compensation.

References

  1. "Article 48". The Holocaust Encyclopedia. Retrieved May 8, 2023.
  2. Olechowski, Thomas (2020). Hans Kelsen: Biographie einer Rechtswissenschaftler. Tübingen: Mohr Siebeck. p. 510. ISBN   978-3-16-159293-5.
  3. Evans, Richard J. (2004). The Coming of the Third Reich. London: Penguin Press. p. 80. ISBN   978-0143034698.
  4. Kolb, Eberhard (2005). The Weimar Republic. Milton Park, Abingdon, Oxfordshire: Routledge. p. 163. ISBN   978-0415344418.
  5. Sturm, Reinhard (December 23, 2011). "Kampf um die Republik 1919–1923 Retrieved 6 May 2023" [Battle for the Republic 1919–1923]. Bundeszentrale für politische Bildung (in German).
  6. Mommsen, Hans (1998). The Rise and Fall of Weimar Democracy. Chapel Hill: University of North Carolina Press. p. 137. ISBN   0-8078-4721-6.
  7. "Verordnung über Gerichtsverfassung und Strafrechtspflege" [Ordinance on the Constitution of the Courts and the Administration of Criminal Justice]. ALEX Historische Rechts- und Gesetztexte Online (in German). Retrieved May 8, 2023.
  8. Vogler, Richard (2005). A World View of Criminal Justice. International and Comparative Criminal Justice. Farnham, UK: Ashgate. p. 244. ISBN   978-0-7546-2467-7.
  9. Kahn-Freund, Otto (January 1974). "On Uses and Misuses of Comparative Law". Modern Law Review. 37 (1). footnote 73, p. 18. doi: 10.1111/j.1468-2230.1974.tb02366.x . JSTOR   1094713.
  10. Maehl, William Harvey (1986). The German socialist party: Champion of the first republic, 1918–1933 1986. American Philosophical Society. p. 168.
  11. Ziemann, Benjamin; Rossol, Nadine, eds. (2022). The Oxford Handbook of the Weimar Republic. Oxford, UK: Oxford University Press. p. 105.
  12. United States. Office of Chief of Counsel for the Prosecution of Axis Criminality (1947). Nazi Conspiracy and Aggression. U.S. Government Printing Office. p. 511.
  13. Elgie, R.; Moestrup, Sophia; Wu, Y., eds. (2011). Semi-Presidentialism and Democracy. London: Palgrave Macmillan UK. p. 233. ISBN   9780230306424.
  14. Fest, Joachim C. (1974). Hitler . New York, NY: Harcourt Brace Jovanovich. pp.  397. ISBN   978-0-15-141650-9.
  15. "Decree of the Reich President for the Protection of the People and State ("Reichstag Fire Decree") (February 28, 1933)". GHDI (German History in Documents and Images). Retrieved May 9, 2023.
  16. Campbell, Heather. "Enabling Act". Britannica. Retrieved May 11, 2023.
  17. Hughes, Michael L. (2021). Embracing Democracy in Modern Germany: Political Citizenship and Participation, 1871-2000. London: Bloomsbury Publishing. pp. 58–59. ISBN   9781350153769.
  18. "Election of the Federal Chancellor". German Bundestag. Retrieved May 9, 2023.
  19. Skach, C., 2005. Borrowing Constitutional Designs. Princeton University Press, p.104.
  20. 1 2 Mommsen 1998, p. 57–58.
  21. Evans, Richard J. (2004). The Coming of the Third Reich . Penguin. pp.  80–84. ISBN   1-59420-004-1.