Part 26 (1/2)
The laws of the Commonwealth are supreme over the laws of the States which conflict with them.
If doubt arises, or difference of opinion, whether State legislation is in harmony with the law of the Commonwealth, the proper authorities of the Commonwealth or the central authorities of the States, in accordance with more specific provisions of a national law, may have recourse to the decision of a supreme judicial court of the Commonwealth.
ARTICLE 14
The laws of the Commonwealth will be executed by the State authorities, unless otherwise provided by national law.
ARTICLE 15
The National Cabinet supervises the conduct of affairs over which the Commonwealth has jurisdiction.
In so far as the laws of the Commonwealth are to be carried into effect by the State authorities, the National Cabinet may issue general instructions. It has the power to send commissioners to the central authorities of the States, and, with their consent, to the subordinate State authorities, in order to supervise the execution of national laws.
It is the duty of the State Cabinets, at the request of the National Cabinet, to correct any defects in the execution of the national laws.
In case of dispute, either the National Cabinet or that of the State may have recourse to the decision of the Supreme Judicial Court, unless another court is prescribed by national law.
ARTICLE 16
The officers directly charged with the administration of national affairs in any State shall, as a rule, be citizens of that State. The officers, employees and workmen of the national administration shall, if they so desire, be employed in the districts where they reside as far as is possible and not inconsistent with their training and with the requirements of the service.
ARTICLE 17
Every State must have a republican const.i.tution. The representatives of the People must be elected by the universal, equal, direct and secret suffrage of all German citizens, both men and women, according to the principles of proportional representation. The State Cabinet shall require the confidence of the representatives of the People.
The principles in accordance with which the representatives of the People are chosen apply also to munic.i.p.al elections; but by State law a residence qualification not exceeding one year of residence in the munic.i.p.ality may be imposed in such elections.
ARTICLE 18
The division of the Commonwealth into States shall serve the highest economic and cultural interests of the People after most thorough consideration of the wishes of the population affected. State boundaries may be altered and new States may be created within the Commonwealth by the process of const.i.tutional amendment.
With the consent of the States directly affected, it requires only an ordinary law of the Commonwealth.
An ordinary law of the Commonwealth will also suffice, if one of the States affected does not consent, provided that the change of boundaries or the creation of a new State is desired by the population concerned and is also required by a preponderant national interest.
The wishes of the population shall be ascertained by a referendum. The National Cabinet orders a referendum on demand of one-third of the inhabitants qualified to vote for the National a.s.sembly in the territory to be cut off.
Three-fifths of the votes cast, but at least a majority of the qualified voters, are required for the alteration of a boundary or the creation of a new State. Even if a separation of only a part of a Prussian administrative district, a Bavarian circle, or, in other States, a corresponding administrative district, is involved, the wishes of the population of the whole district must be ascertained. If there is no physical contact between the territory to be cut off and the rest of the district, the wishes of the population of the district to be cut off may be p.r.o.nounced conclusive by a special law of the Commonwealth.
After the consent of the population has been ascertained the National Cabinet shall introduce into the National a.s.sembly a bill suitable for enactment.
If any controversy arises over the division of property in connection with such a union or separation, it will be determined upon complaint of either party by the Supreme Judicial Court of the German Commonwealth.
ARTICLE 19