Herrenchiemsee convention

Last updated

Herrenchiemsee Abbey Kloster Herrenchiemsee 03.jpg
Herrenchiemsee Abbey

The Constitutional Convention at Herrenchiemsee (German: Verfassungskonvent auf Herrenchiemsee) was a meeting of constitutional experts nominated by the minister-presidents of the Western States of Germany, held in August 1948 at former Herrenchiemsee Abbey in Bavaria. It was part of the process of drafting and adopting the current German constitution, the Basic Law (Grundgesetz). The draft document prepared by the Herrenchiemsee convention served as a starting point for the deliberations of the Parlamentarischer Rat in Bonn during 1948 and 1949.

Contents

Proceedings

On 1 July 1948, the Western Allies had officially recommended the implementation of a West German state by handing out the Frankfurt Documents to the minister-presidents and governing mayors of the Western occupation zones. From 8 to 10 July, the minister-presidents met at Koblenz and proclaimed the establishment of a Federal Republic of Germany, which should only be a provisional arrangement but not a successor state of the German Reich.

Chaired by the representative of the Bavarian State Chancellery, the convention was inaugurated on 10 August at the Herrenchiemsee "Old Palace", a former residence of King Ludwig II. The assembly did not adopt an official name, but it was later called Herrenchiemsee Convention by the members of the Parlamentarischer Rat. Every West German state was represented by an expert, and the West Berlin deputy Otto Suhr, because of Allied reservations, attended the meeting as a non-voting "guest". Three committees were established, which until 23 August drafted a nearly-complete concept of a new German constitution that fixed the basic principles of the Basic Law:

The federal character of the Herrenchiemsee draft corresponded with the assignment of the convention by the German States. It was adopted by a minister-presidents' conference before it was forwarded to the Parlamentarischer Rat. The council in Bonn could rely on a highly-qualified conception with several contentious points resolved in advance, but many Social Democratic and Communist deputies originally objected against the strong exertion of influence by the states' governments.

Related Research Articles

<span class="mw-page-title-main">President of Germany</span> Head of state of the Federal Republic of Germany

The president of Germany, officially titled the Federal President of the Federal Republic of Germany, is the head of state of Germany.

<span class="mw-page-title-main">Basic Law for the Federal Republic of Germany</span> Constitution for the Federal Republic of Germany

The Basic Law for the Federal Republic of Germany is the constitution of the Federal Republic of Germany.

The constructive vote of no confidence is a variation on the motion of no confidence that allows a parliament to withdraw confidence from a head of government only if there is a positive majority for a prospective successor. The principle is intended to ensure governments' stability by making sure that a replacement has enough parliamentary support to govern.

<span class="mw-page-title-main">German Bundesrat</span> Legislative body representing the German states

The German Bundesrat is a legislative body that represents the sixteen Länder of Germany at the federal level. The Bundesrat meets at the former Prussian House of Lords in Berlin. Its second seat is located in the former West German capital of Bonn.

A constitutional convention is an informal and uncodified tradition that is followed by the institutions of a state. In some states, notably those Commonwealth of Nations states that follow the Westminster system and whose political systems derive from British constitutional law, most government functions are guided by constitutional convention rather than by a formal written constitution. In these states, actual distribution of power may be markedly different from those the formal constitutional documents describe. In particular, the formal constitution often confers wide discretionary powers on the head of state that, in practice, are used only on the advice of the head of government, and in some cases not at all.

<span class="mw-page-title-main">Theodor Heuss</span> German politician, president of West Germany from 1949 to 1959

Theodor Heuss was a German liberal politician who served as the first president of West Germany from 1949 to 1959. His cordial nature – something of a contrast to the stern character of chancellor Konrad Adenauer – largely contributed to the stabilization of democracy in West Germany during the Wirtschaftswunder years. Before beginning his career as a politician, Heuss had been a political journalist.

<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 declared Germany to be a democratic parliamentary republic with a legislature elected under proportional representation. Universal suffrage was established, with a minimum voting age of 20. The constitution technically remained in effect throughout the Nazi era from 1933 to 1945, though practically it had been repealed by the Enabling Act of 1933 and thus its various provisions and protections went unenforced for the duration of Nazi rule.

<span class="mw-page-title-main">Reichsrat (Germany)</span> German parliaments upper house, 1919–1934

The Reichsrat of the Weimar Republic was the de facto upper house of Germany's parliament; the lower house was the popularly elected Reichstag. The Reichsrat's members were appointed by the German state governments to represent their interests in the legislation and administration of the nation at the federal level. Its powers were relatively limited, making it considerably weaker than its predecessor, the Bundesrat of the German Empire (1871–1918). It could introduce legislation for the Reichstag to consider and veto laws that it passed, but the vetoes could be overridden. The Reichsrat also played a role in administering and implementing Reich laws.

<span class="mw-page-title-main">Otto Suhr</span> German politician (1894–1957)

Otto Ernst Heinrich Hermann Suhr was a German politician as a member of the Social Democratic Party of Germany (SPD). He served as the Governing Mayor of Berlin from 1955 until his death.

<span class="mw-page-title-main">Parlamentarischer Rat</span> West German constituent assembly in Bonn

The Parlamentarischer Rat was the West German constituent assembly in Bonn that drafted and adopted the constitution of West Germany, the Basic Law for the Federal Republic of Germany, promulgated on 23 May 1949.

<span class="mw-page-title-main">Thomas Dehler</span> German politician (1897–1967)

Thomas Dehler was a German politician. He was the Federal Republic of Germany's first Minister of Justice (1949–1953) and chairman of Free Democratic Party (1954–1957).

<span class="mw-page-title-main">Carlo Schmid (German politician)</span> German academic and politician of the social-democratic SPD (1896–1979)

Carlo Schmid was a German academic and politician of the Social Democratic Party of Germany (SPD).

<span class="mw-page-title-main">Constitution of Latvia</span> Fundamental law of Latvia

The Constitution of Latvia is the fundamental law of the Republic of Latvia. Satversme is the oldest Eastern or Central European constitution still in force and the sixth oldest still-functioning republican basic law in the world. It was adopted, as it states itself in the text, by the people of Latvia, as represented in the Constitutional Assembly of Latvia, on 15 February 1922 and came into force on 7 November 1922. It was heavily influenced by Germany's Weimar Constitution and the Swiss Federal Constitution. The constitution establishes the main bodies of government ; it consists of 116 articles arranged in eight chapters.

<span class="mw-page-title-main">Weimar National Assembly</span> 1919–20 German constitutional convention and parliament

The Weimar National Assembly, officially the German National Constitutional Assembly, was the popularly elected constitutional convention and de facto parliament of Germany from 6 February 1919 to 21 May 1920. As part of its duties as the interim government, it debated and reluctantly approved the Treaty of Versailles that codified the peace terms between Germany and the victorious Allies of World War I. The Assembly drew up and approved the Weimar Constitution that was in force from 1919 to 1933. With its work completed, the National Assembly was dissolved on 21 May 1920. Following the election of 6 June 1920, the new Reichstag met for the first time on 24 June 1920, taking the place of the Assembly.

<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.

The Joint Committee is, together with the Federal Convention, one of two non–steady constitutional bodies in the political and federal institutional system of the Federal Republic of Germany. It is designed as an emergency parliament in the case of a State of Defence. It consists of 48 members of which two thirds are members of the Bundestag and one third are members of the Bundesrat, the latter representing the governments of the states of Germany (Länder). It was established in 1968 by an amendment of the Basic Law. Ever since then, the Bundestag and the Bundesrat have elected members to serve on the committee. However, since a state of defence has never been declared, the Joint Committee has never convened as of 2023.

The Minister-president (Ministerpräsident) is the head of state and government in thirteen of Germany's sixteen states.

<span class="mw-page-title-main">1951 Baden-Württemberg referendum</span> 1951 referendum held in South Baden, Württemberg-Baden and Württemberg-Hohenzollern

A referendum was held on 9 December 1951 in the states of South Baden, Württemberg-Baden, and Württemberg-Hohenzollern. Voters were asked whether they favoured a merger of the three states into a single state or the re-establishment of the old states of Baden and Württemberg. 69.7% of voters favoured unification with a turnout of 59.2%.

<span class="mw-page-title-main">German constitutional reforms of October 1918</span>

The German constitutional reforms of October 1918 consisted of several constitutional and legislative changes that transformed the German Empire into a parliamentary monarchy for a brief period at the end of the First World War. The reforms, which took effect on 28 October 1918, made the office of Reich chancellor dependent on the confidence of the Reichstag rather than that of the German emperor and required the consent of both the Reichstag and the Bundesrat for declarations of war and for peace agreements.

<span class="mw-page-title-main">1950 North Rhine-Westphalia state election</span> German state election

The 1950 North Rhine-Westphalia state election was held on 18 June 1950 to elect the 2nd Landtag of North Rhine-Westphalia. The outgoing government was a coalition of the Christian Democratic Union (CDU), Social Democratic Party (SPD), and Centre Party led by Minister-President Karl Arnold.

References

See also

Further reading