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Review Of The Weimar Constitution

Posted on:2009-10-24Degree:MasterType:Thesis
Country:ChinaCandidate:B D GengFull Text:PDF
GTID:2206360248951230Subject:Legal history
Abstract/Summary:PDF Full Text Request
After the first World War and with the failure of Germany in November revolution, the German born on the territory of the first democratic republic. In the town enacted by the Weimar Constitution was named "Weimar Constitution." To the German city of Weimar, Goethe and Schiller cultural symbols famous. On the one hand, the Constitution in this formulation is to avoid disturbances Berlin; on the other hand is the symbol of Weimar because of the peace and democracy to strive for world public opinion."Weimar Constitution" and the 1787 Constitution of the United States in 1789 and the promulgation of the "Universal Declaration of Human Rights" as the hallmark of the modern French constitution is Mr. Zhang Jun mai as representative of an era. Constitution of the United States on behalf of the 18th century Anglo-Saxon nation of individualism; French Constitution on behalf of the 19th century civil rights spirit of freedom; "Weimar Constitution" is representative of the social revolution of the 20th century trend. In this evaluation by leaving Mr. Cheung is objective, but one thing is undeniable, "Weimar Constitution" in the modern constitution and holds an important position."Weimar Constitution" in academic circles at home and abroad has been seriously, in particular its study abroad more abundant one of the reasons is that it involves the " Weimar Constitution" and the relationship between the Nazis came to power. The painful lesson in the West after the second World War, before the start of the Nazi legal system of political and economic conduct extensive research. China's reform and opening up is the Weimar Republic after some of the social system were studied, but mostly from the Weimar Republic of the social system and a comparative study of policies, of course, in recent years the study of the German law also increasing year by year up. This paper attempts precede from the historical background, through historical research on the method, the "Weimar Constitution"a macro evaluation. According to the author's learning abilities and capabilities in order to make this issue a scientific review is a little felt helpless, but the reason I chose this topic is, for two reasons, first, the author of the Constitution of interest. Whether the Constitution can stop the tyranny of the emergence of what is a good Constitution, the vitality of the Constitution? "Weimar Constitution" in the end it should be responsible for the Nazis came to power, if negative to bear much of the responsibility? " Weimar Constitution"on the powers and rights of the settings and the balance between what is. These are my text in an attempt to describe the problem. Another reason is the "Weimar Constitution", in practice have not been properly implemented, and in the subsequent caused some of the more serious consequences, and I think that the present Constitution of our country there are many similarities, we should be on the building of the legal system some learn. Therefore, I hope that the author of the paper can cause people to ponder, as well as the importance of the Constitution.This paper includes the following five parts:Reply brief part of the "Weimar Constitution", and pointed out that "the Weimar Constitution", the Constitution in the history of the development of the entire world occupied a very important position. Hope that the adoption of the "Weimar Constitution"exposition and exploration of the Weimar Constitution may have a clearer understanding.The first part is the "Weimar Constitution" , the formulation of the historical background. Papers the "Weimar Constitution" is Deutsche traditional culture, as well as the constitutional practice of the political and economic situation of the common product. I believe that the Weimar Constitution is the direct cause of the First World War and the recent war in Germany caused by the local changes. Fundamental reason lies in Germany and the German national traditions, customs, as well as social and psychological, including Germany before German constitutional practice and the ideological and cultural traditions. At the same time, I also believe that the establishment of the Weimar Republic and the " Weimar Constitution" and the promulgation of the most remote in the history of Germany's past together.The second part is of the "Weimar Constitution" content analysis. The author of the Constitution of the national model law on the constitution of the Weimar macro described. The so-called national model of the rule of law has the following major characteristics: (1) separation of powers. This was in 1789, "France Universal Declaration of Human Rights" stressed that the declaration that: "If we do not provide the right protection, and no separation of powers established countries do not have the Constitution." (2) Civil liberties and constitutional protection of the basic rights of recognized by the National People's representative organs of the constitutional right to a minimum level of participation. National reference to the rule of law is the author of the Constitution of the Weimar Constitution mode elaborate, because the author is in the form of the Constitution and the Constitution of the comparison process in real terms in the Constitution more inclined from the substantive analysis. Then, on the thesis "Weimar Constitution", the content of the analysis, mainly from the central and local governments, the separation of powers and checks and balances, basic social economic rights set out in three parts.The third part is the "Weimar Constitution" overall rating, and the author will first involve the evaluation of the background analysis, the rule of law and then the national model set up in Germany on the dual structure of power structure, basic rights and basic social economic the rights of establishment, and several innovative aspects on the "Weimar Constitution" positive significance. From the past and setting authority from the President, the lack of broad popular base of the profound, basic social economic rights of the broad provisions of a double-edged sword to several aspects of the "Weimar Constitution", the inadequacy of the end of a simple "Weimar Constitution" and the relationship between the Nazis came to power.Conclusion this paper summarizes the main part of the main content and viewpoint, reiterated the "Weimar Constitution" is built in Germany dual power on the background, and pointed out that the combing of their background and summarized the study and understanding of the "Weimar Constitution", a the only way. Weimar Constitution because of the inevitable limitations of the times in this respect, or the lack of it, but the "Weimar Constitution"of the rule of law as well as its plan for the well-being of 10,000 people is the spirit we will never learn.
Keywords/Search Tags:"Weimar Constitution", Weimar Republic, double power structure basic, social economic
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