Constitution

Germany (Prussia) 1919 Constitution

Table of Contents

Transitional and Final Provisions

Article 166

Until the creation of the Imperial Administrative Court the Imperial Supreme Court shall take its place in forming the Court for the Review of Elections.

Article 167

The provisions of Article 18, Paragraphs 3 to 6, do not become effective until two years after the promulgation of the Imperial Constitution.

Article 168

Until the enactment of the Land statute provided for in Article 63, but for not longer than one year, all the Prussian votes in the Reichsrat can be cast by members of the Government.

Article 169

The time when the provision in Article 83, Paragraph 1, shall become effective shall be fixed by the Imperial Government. For a reasonable transition period the collection and administration of customs-duties and excises can be left with the Lands, if they so wish.

Article 170

The postal and telegraphic administrations of Bavaria and Württemberg shall be transferred to the Empire not later than April 1, 1921.

In so far as by October 1, 1920, no agreement as to the conditions of the transfer is reached, the High Court of Judicature shall decide the matter.

Until the transfer, the existing rights and duties of Bavaria and Württemberg shall remain in force. The postal and telegraphic traffic with the neighboring foreign states, shall, however, be regulated exclusively by the Empire.

Article 171

The state-railroads, waterways and sea-marks are to be transferred to the Empire not later than April 1, 1921.

In so far as by October 1, 1920, no agreement as to the conditions of the transfer is reached, the High Court of Judicature shall decide the matter.

Article 172

Until the Imperial statute creating the High Court of Judicature becomes effective, its functions shall be exercised by a senate of seven members, of which the Reichstag elects four and the Imperial Supreme Court elects three from its members. It shall itself regulate its proceedings.

Article 173

Until the enactment of an Imperial statute in accordance with Article 138, the existing state contributions to religious societies, resting upon statute, treaty or other legal title, shall remain in force.

Article 174

Until the enactment of the Imperial statute provided for in Article 146, Paragraph 2, the existing legal status shall continue to exist. The statute has to consider especially the areas of the Empire in which a school not separated according to religious faiths legally exists.

Article 175

The provision of Article 109 does not apply to orders and decorations which are to be bestowed for services during the war years 1914-1919.

Article 176

All public officials and members of the armed forces are to take an oath to this Constitution. Details shall be provided by a decree of the Imperial President.

Article 177

Wherever in the existing statutes the taking of an oath is prescribed with the use of a religious form of oath, the oath can also be taken legally by the person taking the oath declaring: “I swear,” with the omission of the religious form of oath. In other respects the content of the oath provided in the statutes remains unaffected.

Article 178

The Constitution of the German Empire of April 16, 1871, and the Statute concerning the Provisional Imperial Power of February 10, 1919, are abrogated.

The remaining statutes and decrees of the Empire remain in force, in so far as this Constitution does not conflict with them. The provisions of the Treaty of Peace signed on the twenty-eighth of June, 1919, at Versailles, are not affected by the Constitution.

Orders of the authorities which were legally made under hitherto existing statutes retain their validity until their abrogation by other orders or by legislation.

Article 179

In so far as in statutes or decrees reference is made to institutions and provisions which are abrogated by this Constitution, the corresponding institutions and provisions of this Constitution take their place. Particularly, the Reichstag takes the place of the National Assembly, the Reichsrat takes the place of the States-Committee, the Imperial President elected under this Constitution takes the place of the Imperial President elected under the Statute concerning the Provisional Imperial Power.

The power to issue decrees belonging, under hitherto existing provisions, to the States-Committee is transferred to the Imperial Government; it shall need for the issuance of the decrees the consent of the Reichsrat as laid down in this Constitution.

Article 180

Until the convening of the first Reichstag, the National Assembly is to be considered as the Reichstag. Until the assumption of office by the first Imperial President his office shall be conducted by the Imperial President elected under the Statute concerning the Provisional Imperial Power.

Article 181

The German people has, through its National Assembly, ordained and adopted this Constitution. It shall become effective with the day of its promulgation.