Page 10

Name of Government-"Federal Re-
public of Germany" (preamble).
Form of Government- 'A democratic
and 'social federal state" (20-1).
Berlin and Eastern / Giermany i"Itl
(Parliamentary iCouncil) acted also on
behalf of those Germans to whom
participation was denied" (preamble).
Basic law-"shall be put into force
for other parts of Germany on their
accession" (23).
Eventual goal-"The entire German
people is called upon to establish by
free self-determination, the unity and
freedom of Germany" (preamble).
Government by the people-"All
state authority emanates from the
people," to be exercised by elections
and plebiscities (20-1, 2).
Flag- Black, red and gold (22)
(same colors were used in Weimar
Republic).
Basic rights-"Inviolable and in-
.alienable human rights" are upheld
through guarantees of freedom of
personality,  conscience,  religion,
speech, writing, instruction, press,
radio,  motion  pictures,  art  and
science, research, movement through-
out the federal territory, place of
work, occupation (1 thru 9).
Private property-shall. be "guaran-
teed" (14-1). "Property shall involve
obligations. Its use, shall simultan-
eously serve the   general welfare"
(14-2) Expropriation admissible only
for.general welfare (14-3).
Socialization-Land, resources and
means of production "may, for the
purpose of socialization, be trans-
ferred to public ownership or other
forms of pudblicly controlled economy"
by law and with compensation (15).
Women- "Men and women       shall
have equal rights" (3-2). Laws conflict-
ing with this provision may remain
in force no later than March 31, 1953
(1 18)
Education-Entire   system   under
supervision  of  the  state.  Those
entitled to bring up the child have
right to decide on religious in-
struction. No teacher obliged against
will to give religious instruction.
Private schools, including confessional
schools, permitted under specified
sanction (7-1, 2, 4).
Enemies of democratic order-Those
who oppose basic rights ishall forfeit
them (18). Ten years to life imprison-
ment for using or threatening force to
change estate or federal constitutional
order (143).
International cooperation-Federa-
tion may transfer sovereign powers
to international institutions (24-1).
Collective security-Federation may
join "a system of mutual collective
security" limiting sovereign powers
so as (to promote peaceful order in
Europe and the world (24-2).
International  arbitration-Feldera-
tion will join a "general, com-
prehensive, obligatory system of inter-
national arbitration" (24-3).
International law-Forms part of
federal law and takes precedence over
other federal law for all inhabitants
(25).
Making aggressive war-Disturbing
peaceful  relations  among  nations,
and "especially preparing for aggres-
sive war" is unconstitutional and
punishable (26).
Local government-In the states
(Laender), counties (Kreise) and towns
*(Gemeinden), "the people must have
a representative assembly resulting
from universal, direct, free, equal and
secret elections." In towns, town-
meeting form of government permis-
sible as alternative (28).
Territorial reorganization-Shall be
achieved by federal law, creating
states which "by their size and
potentiality are able to fulfill, eif-
ficiently the functions incumbent on
them" (29-1). Popular wishes protect-
ed (29-2, 3, 4). Possibility is rec-
ognized that Baden, Wuerttemberg-
Baden   and    Wuerttemberg-Hohen-
zollern may agree on reorganization
among themselves (119).
States rights-Except as Basic Law
prescribes or permits, the exercise
of governmental powers shall be, the
concern of 'the states (30). The states
shall have  the  right to 'legislate
insofar as Basic Law does not grant
legislative powers to the federation
(70-1).
Federal law supreme-"Federal law
shall supersede state law" (31).
Civil service- "Every German shall
have equal access to any public office
in accordance with his suitability,
ability and professional achievements"
(33-2).
Assembly    (Bundestag)-Deputies
elected by the people in universal,
direct elections  to represent "the
whole people" are not "bound to
orders and instructions" and are "sub-
ject only to their conscience" (38-1).
Anyone who has reached the age of
25 years eligible for election (38-2).
Voting-Any person who has reach-
ed the age of 21 may vote (38-2).
Federal Council (Bundesrat)-Shall
consist of members olf the govern-
ments of the states. Each state has
at least three votes; states with more
than 2,000,000 inhabitants shall have
four; with more than 6,000,000 in-
habitants, five vote's. Vctes of each
state may be given only as a block
(51-1, 2, 3). Federal council must
convene on demand of two or more
states (52-2).
President-Elected without diescus-
sion by a federal convention consist-
ing of the members of the assembly
and an equal number of members
elected by the, popular representative
bodies (legislatures or Landtage) of
the s'tates by proportional reprelsenta-
tion (54-1, 3). President represents the
fe'deration  in  matters  concerning
international law (59-1). May be
impeached by either house before the
federal constitutional court (61-1).
Chancellor-Elelcteld  without  dis-
cussion by assembly on the proposal
of the president (63-1). If no majority
vote obtained, president must either
appoint him or dissolve the assembly
(63-4).  Chanceller determines  and
assumes responsibility for general
policy (65). Asnsembly may express
lack of confidence in chancellor but
mu'st at same (time agree on successor
(67-1). If chancellors request for vote
of confidence fails, assembly may be
*dissolved, unlelss a majority of its
members meanwhile elect another
chancellor (68-1). His term ends "in
any case with the assembly of a new
assembly" (69-2).
Courts-FederalConstitutilonali Court
s'hall interpret Basic Law and settle
state federation difference's (93-1, 3).
Shall be elected half by Assembly,
half by 'Council. Independent judiciary
provided, in sense that judges may
not belong to either house or to
federal or state governments. Supreme
federal court shall maintain uniformity
of administration of jus'tice by higher
federal  courts.  Appropriate  state
courts and federal constitutional court
may rule on constitutionality of state
and federal laws, respectively.
Capital  punishment-"The    death
sentence shall be abolished" (102).
Legislation-Federation shall have
exclusive legislation on 'some matters
(73) and concurrent legislation with
states on others (72. 74). Laws are
passed by assembly, then submitted
to  Council. Council may    demand
consideration of bill jointly by com-
mittee of both houses, and can thus
require Assembly to- reconsider a bill
(77-1, 2, 3, 4).
Amendments-To amend Basic Law,
two-thirds approval of Assembly and
Council required&(79-1, 2).
Legislative  emergencies To  pro-
claim one, president needs approval
(Continued on page 28)
INFORMATION BULLETIN
10
JUNE 14,' 1949