216 



DISCOVERY 



international conciliation " (Art. 148). Except in 

 non-religious (secular) schools — it is curious that in 

 this Article 149 these arc spoken of as if they were the 

 exception — religious instruction in accordance with 

 the views of the denomination or body concerned will 

 be given. The question by whom the teachers of 

 these schools are to be appointed is nowhere touched, 

 and as the next clause states that " the giving of re- 

 ligious instruction and the instituting of Church 

 ceremonies shall be dependent on the consent of the 

 teacher," the denominational bodies have obviously 

 a serious problem before them. 



Lastly, it may be noted that the theological faculties 

 in the Universities are to be maintained. 



That part of the constitutional document which 

 bears the title " The Economic System " breaks, as 

 Mr. Young says, new ground. For its provisions there 

 is no precedent in any former Constitution : it is a 

 wholly German contribution to the art of organising 

 social industry; and as it is the most original bremch 

 of the fundamental law, so it may well prove to be the 

 most fruitful and far-reaching in its results. It 

 sets out with the principle that " the social economic 

 system must conform to the principles of equity, with 

 the special object of guaranteeing an honourable 

 livelihood to all." It guarantees freedom — freedom 

 of trade and manufacture, freedom of contract, freedom 

 of association — and it guarantees property, at the 

 same time as it lays down the principle that " its use 

 by the owner must serve the common good " (Art. 153). 

 Private ownership in land is recognised, but " distri- 

 bution and cultivation of the soil shall be supervised 

 by the State," and " all riches of the soil and all 

 natural resources of economic use shall be under the 

 supervision of the State," and " increment value shall 

 be utilised for the common good " (Art. 155). As 

 for the public good the State will super\dse agriculture, 

 so also for the public good it may organise industry- 

 It may " transfer to public ownership private business 

 suitable fo r socialisation " (Art. 156). Is "socialisation" 

 here equivalent to " nationalisation " ? Apparently 

 not, for the next clause gives the State power " to 

 name itself, the Lands, or Local Authority, as partners 

 in the administration of such business undertakings.'' 

 Further, the Reich may, by legislation, compel business 

 undertakings or associations to combine, " with a 

 view to securing the co-operation of all the productive 

 forces of the nation, to associating employers and 

 employed in the administration, and to regulating 

 production, manufacture, distribution, employnnent, 

 prices, as also import and export of goods, on principles 

 of public economy." Here we have the German 

 proposing to do, by the conscious and deliberate action 

 of the State, what in other countries is being done by 

 the action of individuals and self-organised bodies. 



Finally, the State is to throw its protecting mantle 

 over Labour: "the labour forces of the nation 

 are under the special protection of the Realm " 

 (Art. 157). 



The conception of the State as the overseer of 

 industry and the protector of labour finds expression 

 in the institution of the " Councils," which no doubt 

 represent the measure of success achieved by the 

 Independent Socialists and the supporters of a 

 " Soviet " form of government in their struggle with 

 the conservative elements in the nation. There are 

 to be for the workers Works' Councils, District Workers' 

 Councils, and a Central Workers' Council, all duly re- 

 cognised by the law. These are to be combined with 

 the representatives of employers to form District 

 Economic Councils and a Central Economic Council, 

 and these latter are to include " representatives of all 

 important professional groups in proportion to their 

 economic and social importance," a phrase which one 

 must interpret as best one can. The functions of 

 the Local Councils are very vaguely described, and 

 here the scheme is only an outline which it is left to 

 time to fill in ; but the place of the Central Economic 

 Council in political life is more fully defined. First, 

 all Bills on social and economic matters must be 

 submitted to it for consideration before being intro- 

 duced into Parliament ; secondly, it is entitled itself 

 to initiate such Bills, and to appoint one of its members 

 to support them in the Reichstag, while the Government 

 is bound to submit the Council's Bills to the Legislature. 

 On the other hand, the Reichstag is not bound to 

 accept the findings of the Council, nor does the Council 

 possess any actual legislative power or any ix)wer 

 of veto. Its functions are purely advisory ; it has 

 a right to be consulted and to express its views, but 

 no more. Its actual power may therefore not be 

 great at first, but it clearly contains within itself the 

 potentialities of an extremely influential political 

 organ. 



The Constitution, as a whole, embodies the triumph 

 of moderate, sensible, conservative democracy. There 

 has been a political revolution in Germany, but there 

 has been no social revolution. From that catastrophe 

 the nation has been saved by the sohd good sense 

 and sobriety of the majority of the people. The 

 German of to-day does not live in the clouds. He is 

 no dreamy idealist. With what firmness and clear- 

 headedness he confronts the eternal problems of 

 pohtics may be seen from Art. 48 : " Should any 

 Laud fail to fulfil the obligations imposed upon it by 

 the Constitution or laws of the Realm, the President 

 of the Realm may constrain it thereto by armed 

 force." And the next clause empowers him to use 

 force to secure public order and safety, and, if necessary, 

 partially to suspend the Constitution. 



