Basic Law of the State of Greater Hesse
The state constitution of the state of Greater Hesse, the first constitution of today's state of Hesse , was enacted on November 22, 1945. It was repealed on December 1, 1946 by the new constitution of the state of Hesse .
Emergence
The American military government brought the state of Greater Hesse into being in 1945 through General Dwight D. Eisenhower through Proclamation No. 2 . Colonel James R. Newman was appointed head of the Military Government (Office of Military Government Greater Hesse, OMGGH for short) .
The choice of Wiesbaden as the capital of the new state was a coincidence. The American military government endeavored to gradually transfer the administration from the small units of the cities and towns to the counties to the country in civil responsibility. It was not at all clear from the start that a country would emerge within the boundaries of today's Hesse. The initial aim was to establish a state of Hessen-Nassau with the three administrative districts of Kassel, Wiesbaden and Frankfurt under the capital Kassel and Hesse with the capital Darmstadt. However, they refrained from doing this and preferred a one-state solution. Marburg was initially advocated as the capital. In Marburg, however, the establishment of a government fell far short of the expectations of the American civil administration. Thus, Wiesbaden moved into focus because, in addition to the central location, there were also accommodations for a military and a civil state government.
On October 12, 1945, Newman ordered the formation of a civil state government for Greater Hesse with organizational instruction No. 1. At the suggestion of the Department of Civil Administration (CAD) of the US Army, the non-party lawyer Karl Geiler was appointed first Prime Minister. Prime Minister Geiler, in agreement with the military authorities, enacted the Basic Law of the State of Greater Hesse of November 22, 1945 .
In the run-up to the proclamation of Greater Hesse by the “American military government, General Clay had the Hessian population asked in hundreds of interviews whether they supported the establishment of a Greater Hessian state. The answer was unequivocal. ”The constitution of the state of Greater Hesse was indeed a legal act of the American occupying power, but was democratically legitimized by the broad popular approval.
content
The state constitution of the state of Greater Hesse is very short with 11 articles and only includes essential regulations that were indispensable for the development of the young state.
Link in the future democratic Germany
In Article 1, it is already laid down in a forward-looking manner that Greater Hesse should become “a link in the future democratic Germany”.
National territory
In Article 2, which is the territory defined and includes the territories of the former (only since 1944 existing) Prussian provinces Kurhessen , Nassau (without circles in the western part of the province) and the former People's State of Hesse (without the left bank of the Rhine), which the French occupation zone came .
Thereby Newman's order concerning the national territory from Administrative Order No. 1 is manifested. As a result, the former Hessian exclave Bad Wimpfen is no longer part of the national territory.
Position of the Prime Minister
The Prime Minister of the state of Greater Hesse was not elected, but appointed by the American military government. In this respect, like his cabinet, he was not democratically legitimized.
Prime Minister Geiler united the legislative and executive branches in his hand, so that he could act without being tied to a parliament. Of course, with the restriction that he could only exercise this special position under supervision and in coordination with the American occupying forces. This is also shown by a statement by the head of the civil affairs department of the Wiesbaden military government, Harold W. Landin, who made it clear to the cabinet: “When you issue laws, these laws must always first be submitted to me for examination. Colonel Newman and I will discuss the matter and see if it does not conflict with the military government ”.
Judicial independence
Noteworthy is the regulation in Article 6, which stipulates absolute judicial independence based only on the law.
Preparation of a democratic constitution
Article 9 shows that the state constitution for Greater Hesse was only created for a short transitional period. The Greater Hessian state government is seen as the trustee of the Hessian people, who should prepare a democratic constitution.
Advisory State Committee
Although there is a state government headed by a prime minister appointed by the military government, the position of the prime minister and the state government as a whole is very strong because they issue laws and ordinances without the need for a vote by representatives of the people. In order to mitigate this democratic deficit, Article 9 of the constitution stipulates that an advisory state committee should be set up, which should, however, only be heard before “important laws are passed and before the budget is determined”.
Individual evidence
- ^ A b Walter Mühlhausen: The decision of the American occupying power to found the state of Hesse in 1945 . In: Nassau Annals . tape 96 . Verlag des Verein für Nassau antiquity and historical research, 1985, ISSN 0077-2887 , p. 197-232 .
- ^ Walter Mühlhausen: The decision of the American occupying power to found the state of Hesse in 1945 . 1945, p. 214 .
- ^ Walter Mühlhausen: The decision of the American occupying power to found the state of Hesse in 1945 . 1945, p. 219 f .
- ↑ a b Klaus Peter Möller: The constitution of the state "Greater Hessen" 50 years ago . In: Hessischer Landtag (Hrsg.): Hessian writings on federalism and state parliamentarism . Wiesbaden 1995, ISBN 3-923150-12-1 , p. 12 f .
- ^ Marie-Luise Recker: The constitution of the state "Greater Hessen" 50 years ago . In: Hessischer Landtag (Hrsg.): Hessian writings on federalism and state parliamentarism . Wiesbaden 1995, ISBN 3-923150-12-1 , p. 46 .
- ↑ Cabinet Protocol of 11.20.1945 . In: Hessisches Hauptstaatsarchiv Wiesbaden (Hrsg.): Nachlass Karl Geiler . November 20, 1945.