Saturday, November 1, 2014

WEIMAR CONSTITUTION ASSIGNMENT

WEIMAR CONSTITUTION ASSIGNMENT

Article 49
“The Reich President exercises the right of amnesty. Reich amnesties require a Reich law.”

            Interpretation of this article states is that the President of Germany is endowed with the power to grant pardon to people as he deemed worthy, just like in America where the president has the right to grant amnesty; however, this article stated that Reich that is federal amnesties require a federal law before the president can exercise such right. 

            This to me is awesome, because the president has a right to pardon some people but this right built checks and balances with the federal law in some instances of exercising such right. So that abuse of this article in some instances can be avoided, that is democratic constitution.

            This shows the German Society as at that time (1920s,) already had a taste of democracy imbedded in their constitution as it obtains in America.
 

Article 109 “All Germans are equal in front of the law.
In principle, men and women have the same rights and obligations.
Legal privileges or disadvantages based on birth or social standing are to be abolished.
Noble titles form part of the name only; noble titles may not be granted any more.
Titles may only be granted, if they indicate an office or occupation; academic degrees are not affected by this regulation.
The state may no more bestow orders and medals.
No German may accept titles or orders from a foreign government.”

          This article 109 of Weimar Constitution means reflect equality for all gender in German society, it interpreted as no class due to birth or social standing will be allowed according to this constitution. The Country will not grant medals or orders as recognition of good deeds or achievements. It also indicated that tittle will be granted only as a result of academic recognition or profession, and tittle only conferred due to office position. This article expressly stated that German personnel cannot accept tittle or orders from other countries.

          I chose this Article 109 because it strikes me as having too many restrictions on the citizens that it may be impossible to implement in its entirety. Imagine German citizen being recognized for their talents or achievements by America or given a religious tittle by Catholic Church then they would be unable to accept it.  This is a kind of restriction on their fundamental right.
            Regarding gender equality as stated in this Weimar Constitution does not operate in practice or the country was not ready for it. Gender issues were still controversial as many men do not want equality of women and were not ready for women to take any major leadership role in their society.  There was still strict class separation and frictions among the classes in German society. The land owners still look down on the middle class and the working class.  In addition, as per the last lecture, some women’s groups and the left-wing political parties attempted to create more equality between the sexes. Some women’s groups, conservative and radical right-wing political parties, and some members of the clergy resisted equality of sexes as well. Weimar Constitution mandated considerable gender equality, but tradition, the civil and criminal codes were still in favor of men superiority and it created inequality. Marriage and divorce laws and questions of morality and sexuality were all areas of conflicts that the society is not ready to address.

However, the fact that women rights of equality was recognized and written in the constitution is a good omen for the women of that society. They do not have to fight and struggle to get it written in the constitution but it was handed to them though full implementation might take some time.

 

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