Direct Legislation in the German Länder, 1919–32

In: American political science review, Band 27, Heft 3, S. 445-454

Abstract

Among the experiments in government which have taken place in post-war Germany, one of the most varied in form is to be found in the theory and practice of direct legislation. The referendum, initiative, and a type of recall exist in national, state, and local governments. The experience of the German people with these constitutional practices has been treated occasionally in studies of the national and municipal governments, and this note is designed to perform a similar service with regard to the German states.Studies of the constitutional convention at Weimar seem to indicate that direct legislation was adopted for the national constitution without a great deal of study. The Germans had, however, been acquainted with the idea of direct legislation for some time, and a proposal for its use had found expression in theErfurter Programof the Social Democratic party. The provisional arrangements for the national government during the revolutionary period included machinery for an appeal to the electorate in cases of disagreement between the ordinary organs of government. But the widest use of the various forms of direct legislation is first to be found in the provisional constitutions of the states.