A Study On The Right Of Emergency In The Weimar Constitution Of Germany

In 1919,the German Constitution came into effect and was called the Weimar Constitution because it was enacted in the small German city of Weimar.The Weimar Constitution was born after the end of World War I and was a product of World War I and the November Revolution in Germany.Since the establishment of the Weimar Constitution,there have been constant disputes,and scholars have held different positions.The admirers believe that the Weimar Constitution is an innovative constitution that integrates the essence of the major capitalist countries in modern times.It is of great significance in the history of the development of the world constitution and represents the trend and direction of the modern democratic constitution.Critics believe that the combination of the presidential system system and the parliamentary system of the Weimar Constitution and the proportional representation system of voters reflect that it is the product of compromise between political parties.Especially the legislative design that did not effectively supervise and restrict the presidential emergency power in the Constitution became the fundamental reason for the premature death of the Weimar Republic and the usurpation of power and dictatorship by Hitler’s Nazi Party.In the Weimar Constitution,the most controversial and criticized provision is Article 48,which grants the President the power to suspend the exercise of citizens’ basic rights by declaring a state of emergency or issuing emergency laws during a state of emergency.It is known by German historians as the "Aleurous Heel" of the Weimar Constitution.However,the evaluation and analysis of Article 48 of the Weimar Constitution should be based on a deep analysis of the international,domestic,and historical traditions of the Weimar Republic at that time,otherwise the conclusions drawn will deviate from historical facts.This article will focus on analyzing the concept,characteristics,nature,and content of the right to a state of emergency,exploring its theoretical origins,legitimacy theory,and basic principles.Combining the background of the formulation of the Weimar Constitution and the provisions of the right to a state of emergency,this article will analyze the content of the right to a state of emergency,and evaluate the Weimar Constitution’s right to a state of emergency from both positive and negative aspects,providing reference for the improvement of relevant systems invarious countries around the world..This article mainly includes the following five parts:The first part is an overview of the right to a state of emergency.Examine the concept and characteristics of the right to emergency,explore its theoretical origins of development,analyze the nature and content of the right to emergency,study the legitimacy theory of initiation,and determine the basic principles applicable to it.The second part is the background of the formulation of the Weimar Constitution’s emergency power.This chapter focuses on introducing the domestic and international environment faced by the Weimar constitutional legal system from two aspects: the background of the formulation of the Weimar Constitution and the background of the provisions on the right to emergency in the Weimar Constitution.The third part is the content of the Weimar Constitution’s right to a state of emergency.This chapter mainly introduces the main content,implementation conditions,implementation subjects,implementation scope,implementation procedures,and implementation restrictions of the Weimar Constitution’s right to a state of emergency.The fourth part is an analysis of the Weimar Constitution’s right to a state of emergency.This chapter mainly evaluates the positive and negative significance of the Weimar Constitution,with a focus on analyzing the negative effects of the right to a state of emergency,and analyzing its reasons.The fifth part is the improvement of the Weimar Constitution and the emergency system.This chapter proposes the reference significance of the Weimar Constitution’s emergency state right to the emergency state provisions in China’s constitution,providing reference for improving relevant systems in China.