Definition and Legal Nature of the Reichstag
The Concept Reichstag in a legal context refers to the central representative body of various historical empires in the German-speaking world, particularly in the Holy Roman Empire of the German Nation, the German Empire, and the Weimar Republic. As a parliamentary assembly, the Reichstag fulfilled legislative, consultative, and sometimes judicial functions at the imperial level. Its legal structure, composition, and powers were governed by the applicable constitutional and imperial law.
Etymology and Historical Development
The term ‘Reichstag’ is composed of the words ‘Reich’ (meaning state or territory of rule) and ‘Tag’ (assembly or meeting). Originally, the term referred to the gathering of imperial estates or representatives for deliberation and decision-making on matters affecting the entire empire.
The Reichstag in the Holy Roman Empire of the German Nation
Legal Foundations and Structure
In the Holy Roman Empire, the Reichstag was the central body of the imperial assembly. Its legal basis consisted of the imperial basic laws, numerous imperial recesses, and estate privileges. Sessions were initially held at various locations, later regularly in Regensburg.
Composition and Legal Status of the Members
The Reichstag was structured into the College of Electors, the Council of Princes, and the College of Imperial Cities. The members had seats and voting rights conferred under imperial law, as stipulated in the imperial registers and recesses. The duty to participate was regulated by imperial summons; failure to comply could result in legal consequences.
Powers and Areas of Responsibility
The Reichstag possessed extensive co-determination rights in imperial legislation, approval of imperial taxes (matricular contributions), conduct of war, as well as in issuing and interpreting imperial law. The Reichstag’s consent to imperial laws was legally binding, without which no action could be universally binding.
Change in Significance in the Constitutional Framework
The position of the Reichstag evolved from an advisory body to an independent organ with co-decision and veto rights vis-à-vis the Emperor. With the end of the Holy Roman Empire in 1806, the Reichstag ceased to exist as a legal organ of this association.
The Reichstag in the German Empire (1871–1918)
Constitutional Status
With the Imperial Constitution of 1871, the term Reichstag was adopted for the federal legislative body elected by all male citizens. Its legal basis was the Constitution of the German Empire dated April 16, 1871, which stipulated the Reichstag as the central representative of the people.
Electoral Law and Term of Office
Elections to the Reichstag were held according to universal, equal, direct, and secret suffrage. The legal provisions governing this were set out in the Imperial Electoral Law, which specified regulations for conduct of the election, assumption and loss of mandate, incompatibilities, and election review procedures.
Powers and Functions
The legal powers of the Reichstag included, in particular, the right of initiative, imperial legislation, joint approval of the budget, as well as the right of interpellation and oversight of the imperial government. The Reichstag had the right to establish committees of inquiry (Art. 23 RV), thereby enshrining important oversight and information rights in the imperial constitution.
Interaction with the Bundesrat and the Emperor
In the legislative process, cooperation between the Reichstag, Bundesrat (representation of the individual states), and the Emperor (head of state) was required. Imperial laws needed the consent of both the Reichstag and the Bundesrat as well as formal enactment by the Emperor in accordance with constitutional norms.
The Reichstag in the Weimar Republic (1919–1933)
Legal Basis and Significance
With the Weimar Constitution of 1919, the Reichstag was established as the sole representative body of the people in Articles 20 et seq. Elections and composition were subject to proportional representation, regulated by the Imperial Electoral Law and state electoral regulations.
Functions and Legal Position
The Weimar Reichstag was vested with far-reaching rights in legislation, governmental formation, and in issues of political confidence. A vote of no confidence against the Chancellor required a positive election of a successor (constructive vote of no confidence, Art. 54 WRV). The Reichstag held the right of legislative initiative, the right to establish committees, and mechanisms of inquiry for oversight of the Reich government.
Legal Consequences and Oversight Mechanisms
The political instability of the Weimar years was reflected in the frequent use of parliamentary oversight rights. The procedures for legislation and budgetary control were detailed in the constitution, with the Reichstag holding central legitimating and sanctioning powers.
Special Cases: Reichstag in the Context of Other Constitutional Systems
Prussian Landtag and Reichstag
Before and alongside the Reichstags of the German Reich, the term Reichstag was used for various state parliaments, such as in the Kingdom of Prussia and other member states of the German Confederation. Their legal powers were derived from the respective state constitutions.
German Bundestag as Successor Institution
With the founding of the Federal Republic of Germany in 1949, the term Reichstag was discontinued. Historically, it remained as a synonym for the Reichstag building in Berlin. The legal and institutional functions were now assumed by the Deutscher Bundestag as the new federal parliament.
Legal Historical and Institutional Significance
Reichstag and Constitutional Development
The Reichstag significantly shaped the development of parliamentary representation and constitutional law in the German-speaking world. As a legislative and consultative body, it served as a link between monarchical rule and estate-based or democratic participation. Legal innovations in electoral and parliamentary law were introduced into applicable law through the Reichstag.
After-effects in German Public Law
The historical development of the Reichstag influenced parliamentary law, state organization law, as well as the constitutional law of its successor states. The term Reichstag thus stands, in legal terms, for the formation of key representative-democratic institutions and legislative procedures in German constitutional law.
Conclusion
The Concept Reichstag refers in a legal context to a central parliamentary organ of various German states whose powers, composition, and functions were comprehensively regulated by the applicable constitutional law and imperial legislation. The transformation of the Reichstag throughout German constitutional history documents both the transition from estate-based and monarchical representation to a parliamentary-democratic order, as well as the development of central principles of the rule of law in public law.
Frequently Asked Questions
What was the legal status of the Reichstag in the German Empire?
The Reichstag of the German Empire (1871–1918) was a central constitutional organ whose legal status was established by the Bismarck Constitution of April 16, 1871. It was the only directly elected legislative body at the imperial level and had the right to initiate legislation jointly with the Bundesrat and the Emperor. Legislation could only be enacted with the approval of the Reichstag. However, its powers were limited by federal elements and, in particular, by the strong position of the Bundesrat and the monarch. The Reichstag controlled the budgetary right (especially for the imperial budget), but initially had only annual approval rights for the military budget (Septennat and later the so-called military budget for seven years). The executive, that is, the Chancellor and the government, were not accountable to it and could not be removed by a vote of no confidence. The deputies enjoyed indemnity and immunity, which protected their parliamentary activities.
What legal powers did the Reichstag have in the Weimar Republic?
In the Weimar Republic (1919–1933), the Reichstag, together with the Reichsrat and the Reich President, formed the central legislative body. The Weimar Constitution of 1919 considerably strengthened the position of the Reichstag: it alone passed all imperial laws, controlled the government (the Chancellor and ministers were politically accountable to it) and could remove them through a constructive vote of no confidence (§54 WRV). It also held the right to approve the budget, consent to declarations of war, control the execution of laws, and dismiss individual ministers. Popular initiatives and referenda were intended to provide a degree of direct democratic control—this right complemented but did not supersede the Reichstag’s legislative supremacy. Its powers were limited by the emergency decree powers of the Reich President (Articles 48 and 25 WRV), who could dissolve the Reichstag under certain conditions and govern by emergency decree.
Under what legal framework could the Reichstag be dissolved?
The legal preconditions and procedures for dissolving the Reichstag varied depending on the historical era. In the German Empire, the Bundesrat, at the request of the Emperor, could decide to dissolve the Reichstag, after which new elections were to be held within 60 days (§24 RV 1871). In the Weimar Republic, only the Reich President could dissolve the Reichstag under Article 25 of the Constitution, but was obliged to call new elections within 60 days. In both cases, dissolution was a significant instrument of power of the executive or the sovereign, used as a political means of pressure against the parliamentary opposition. During the National Socialist era, the Reichstag was effectively disempowered and ultimately dissolved itself, but without valid constitutional basis.
What immunities did the members of the Reichstag possess?
Members of the Reichstag enjoyed special legal protections to ensure the independence of parliament. These included indemnity and immunity. Indemnity meant that deputies could not be held legally liable for statements or votes in the Reichstag (e.g., §37 RV 1871, Art. 36 WRV 1919). Immunity protected members from criminal prosecution or arrest during their term of office without the Reichstag’s approval, unless they were caught in the act of committing a crime (Art. 37, 38 WRV). Deputies were also exempt from certain civic duties such as military service or official obligations during their term. Reichstag immunity could be lifted by a majority of parliament upon application by the judiciary.
How was the process of legislation legally structured in the Reichstag?
The legislative procedure in the Reichstag was bound by precise legal requirements. In the German Empire, the initiative could be taken by the Bundesrat, the Reichstag, or the imperial government. A law would come into effect only after approval by Reichstag and Bundesrat as well as enactment and promulgation by the Emperor. In the Weimar Republic, the Reichstag itself, the Reichsrat, or the government could introduce bills. The Reichstag deliberated and enacted laws, which came into effect after the Reich President’s countersignature and publication in the Reich Law Gazette. The right of initiative could also be exercised through popular initiatives and referenda (Art. 73 ff. WRV).
Did the Reichstag have an absolute right to dissolve itself?
A right of self-dissolution for the Reichstag did not exist in either the German Empire or the Weimar Republic. Dissolution could only be initiated by external state organs—in the Empire by the Bundesrat at the Emperor’s request, in the Weimar Republic solely by the Reich President. Within the parliament, there was legally no way to dissolve itself by resolution. The time frame between dissolution and re-election was, however, legally strictly regulated to ensure a prompt resumption of parliamentary activity.
How was the government’s legal control by the Reichstag structured?
In the German Empire, there was formally no legal accountability of the government to the Reichstag. The Chancellor and ministers were responsible only to the Emperor and could not be removed by a parliamentary vote of no confidence. In the Weimar Republic, however, the government was politically and legally accountable to the Reichstag. A majority constructive vote of no confidence could remove the Chancellor and thus the government at any time. This construction aimed at parliamentary control of the executive. Ministers could also be dismissed by negative majority decisions (Art. 54 WRV). Oversight included committees of inquiry, questions and interpellations.
What legal regulations governed the election of the Reichstag?
In the German Empire, elections to the Reichstag were based on universal, direct, and secret suffrage for all male citizens over 25, regulated by the Imperial Electoral Law of 1871. Elections were conducted under a majority voting system in single-member constituencies. In the Weimar Republic, electoral law underwent major reform: women received active and passive suffrage, the voting age was lowered to 20, and seats were allocated by proportional representation on a state list basis. The legal foundations created the prerequisites for greater democratic legitimacy and mirrored the Reichstag’s role as a representative organ. Elections to the Reichstag were always detailed in specific electoral laws.
