Preparatory Constitutional Committee (Greater Hesse)

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The Preparatory Constitutional Committee (Greater Hesse) was an expert commission set up by Prime Minister Karl Geiler at the behest of the US military government, which worked out a draft constitution for the state of Hesse from March to June 1946 , which then formed the basis for the discussions of the state assembly advising the constitution (large- Hessen) .

Origin and composition

After the deputy military governor of the US military government , General Lucius D. Clay , in the countries of the American zone of occupation -related directive Elections in the US zone a schedule to the constitution of the countries in the American occupation zone had submitted on 4 February 1946 was the fact Requested small preparatory constitutional commission in Hesse set up by Prime Minister Karl Geiler under the name "Preparatory State Committee". In practice, however, this committee was consistently referred to as the Constitutional Preparatory Committee. In accordance with the instructions of the military government, the committee was not made up strictly according to party proportionality, but primarily according to the point of view of expertise. In addition to Prime Minister Geiler as chairman, its members included Minister Werner Hilpert ( CDU ), as deputy chairman, Hans Venedey and Georg August Zinn (both SPD ), State Secretary Hugo Swart , the district president Ludwig Bergsträsser and Fritz Hoch (both SPD), the Frankfurt Lord Mayor Kurt Blaum (CDU), Professors Walter Jellinek , constitutional lawyer from Heidelberg, and Otto Vossler , historian from Frankfurt, as well as politicians such as the later Federal Foreign Minister Heinrich von Brentano (CDU), Leo Bauer ( KPD ) and later also Georg Weinhausen (LDP) . The Preparatory Constitutional Committee, which began its work on March 12, 1946, should not be confused with the Provincial Advisory Committee (Greater Hesse), which acted as a kind of pre-parliament and to which twelve participants of the four parties permitted in Hesse belonged and that of February 26 met until July 14, 1946.

Work

The preparatory constitutional committee worked out according to the directives of the US military government from the first committee meeting on March 12, 1946 first the "Election law for the constitution-advising Greater Hessian state assembly", which was approved by the American military government on May 5, 1946, on May 16 Adopted in 1946 by the Greater Hesse State Ministry and announced on June 5, 1946 in the Law and Ordinance Gazette for Greater Hesse .

From the meeting on March 21, 1946, the committee also dealt with its actual task, the preparation of the first draft constitution. The most important source of the same was a draft of the Heidelberg constitutional law teacher Walter Jellinek, which he gradually submitted to the committee from May 13, 1946. The draft constitution of the Preparatory Constitutional Committee was finally submitted after a third reading on June 18, 1946. This also brought the meetings of the Preparatory Constitutional Committee to an end.

literature

  • Helmut Berding (ed.): The emergence of the Hessian constitution from 1946. A documentation . Historical Commission for Nassau, Wiesbaden 1996, ISBN 3-922244-98-X ( Prehistory and history of parliamentarism in Hesse 10; publications of the Historical Commission for Nassau 58).
  • Wolf-Dietrich Schmidt: The dispute over the state constitutions in Hesse and Bavaria in 1946. Documents . Published by the Institute for Marxist Studies and Research (IMSF). Verlag Marxistische Blätter, Frankfurt am Main 1978, ISBN 3-88012-560-0 ( Marxistische Paperbacks 87).
  • Martin Will: The emergence of the constitution of the state of Hesse from 1946 , Tübingen 2009. ( Contributions to the legal history of the 20th century 63), ISBN 978-3-16-149894-7 .
  • Wolf-Arno Kropat: Denazification, co-determination, no school fees: Hessische Landtagdebatten 1947-1950, 2004, ISBN 3-930221-13-6 , p. 20.

Individual evidence

  1. ^ Will, The emergence of the constitution of the state of Hesse from 1946 , 2009, p. 45 ff.
  2. ^ Will, The emergence of the constitution of the State of Hesse from 1946 , 2009, p. 56 ff.
  3. ^ Will, The emergence of the constitution of the state of Hesse from 1946 , 2009, p. 75 ff.
  4. ^ Will, The emergence of the constitution of the state of Hesse from 1946 , 2009, p. 113 ff.