German Reich

The German Reich ( of Deutsches Reich ) was the first State-nation of the history of Germany, and existed of January 1871 in June 1945. Juridically resulting from the Confederation of Germany of North created in 1867, it gathered the majority of the States previously members of the Germanic Confédération other than the Austria within the framework of the configuration known as {{quotation|small-allemande}}. Its territory underwent important losses after the First World war; it was then extended to Austria and other border regions following the annexations and conquests of the Nazi regime, and the official designation of the State was changed into Reich large-German ( of Großdeutsches Reich ) in 1943. It crumbled de facto , if not of swears , with the demolished of 1945 vis-a-vis the Allies.

He knew three political regimes, of which the names are usually used to indicate the State, although the official framework remained the same one of 1871 to 1945:

the German Empire (1871-1918), sometimes called Second Reich, a constitutional monarchy with authoritative tendency dominated by Prussia and where the old dynasties coexisted with the capacity of the emperor;
the Weimar Republic (1919-1933), sometimes called the First Republic, a pluralist and semi-presidential republic more centralized;
the Third Reich (1933-1945), a mode Nazi directed by Adolf Hitler with the title of Führer and chancellor of Reich (of Führer und Reichskanzler).

The term Reich , untranslatable in French, refers to the Saint Germanic Roman Empire ( Heiliges Römisches Reich ), vast unit which gathered from 962 to 1806 of many State under the crown of a emperor of the Romans. The Empire of 1871-1918 was alternatively called it Second Reich in order to place it in the continuity of the Saint Worsens, and the qualification of the Nazi regime like Third Reich same logic follows.

History

Formation

Evolution of 1871 to 1945

See also: German Empire, Weimar Republic, Third Reich

If the empire founded in 1871 is a Constitutional monarchy, the mode is clearly not parliamentary, and in spite of the Vote for all instituted right from the start, the Reichstag plays only one restricted role, the executive power emanating only from the emperor. The imperial Chancellor ( Reichskanzler ), at the same time minister-president of the Kingdom of Prussia, is only the Ministre of Reich, and the governmental administrations are directed according to its orders by senior officials. The distribution of the capacity between the emperor and the chancellor is function of the reigns: a first period, known as of foundation ( Gründungszeit ), corresponds to the reign of the emperor Guillaume I {{er}} and is dominated by the figure of the imperial chancellor Otto von Bismarck, which keeps the upper hand on all the businesses of the State. The advent of Guillaume II in 1888 - after a reign of a few months of his/her father Frederic III - and the reference of Bismarck in 1890 mark the beginning of period known as wilhelmienne ( wilhelminische ), which sees the emperor following his own policy.

The demolished of 1918 causes the fall of the imperial mode and the proclamation of the republic on November 9th, 1918. A National Assembly, at this meeting in Weimar, equips Reich of a constitution founding a pluralist Démocratie and semi-presidential. The Chancelier of Reich becomes responsible in front of the Reichstag and a true government is created. The parliamentary character of the mode is moderated by the strong capacities granted to the President of Reich ( of Reichspräsident ), Head of State having a certain latitude for the chancellor nomination and the training of the cabinet. Reich loses the Alsace-Lorraine, various other frontier territories and its colonial empire, and the meeting with the German Austria is prohibited in spite of the wishes of the two States. These conditions, as well as the heavy economic serious attack and war indemnities that the country knows, make chaotic the first years of the new mode.

The Années 1920 see the development of the movement Nazi directed by Adolf Hitler, which arrives at the capacity in 1933. To died of Hindenburg, Hitler allots the functions of Head of State which it cumulates with those of head of government and takes the title of Führer and chancellor of Reich . The Nazis take the control of all the capacities of State and introduce a totalitarian system closely associated with the Party. All the countervailing powers - Reichstag, Reichsrat, opposition parties - formally or are actually removed. The federalism is abolished and the territorial administration of Reich takes place within the framework of Reichsgau E , directed by a Gauleiter named by the central capacity, which makes Third Reich the only unit mode of the German history except for the German Democratic republic. Starting from the middle of the years 1930, the Nazi regime launches out in a policy of annexations, then of military conquests which start the Second world war; the territory of Reich extends considerably and integrates in particular the Austria, the Alsace-Lorraine and part of the Poland.

Disappearance

German Reich crumbles de facto on May 9th, 1945, the Alliés having decided not to recognize with Karl Dönitz the quality of President of Reich which the will of Hitler grants to him and not to grant any legitimacy to the Gouvernement of Flensbourg that it constituted. July 5th, they sign in Berlin a declaration concerning the defeat of Germany and the takeover of the supreme authority with regard to Germany, by which they create a Conseil of interallied control and allot the supreme authority on the German territory.

The territories in the east of Oder and Neisse, forming the four of Reich of 1937, are detached from Reich pursuant to the decisions taken with the Conférence of Potsdam and will be annexed in Poland; the German population residing is there moved in Germany in the following years, a part having already flees during the war in front of the projection of the Soviet troops. Austria and other territories annexed from 1938 also arise from German space. Four zones of occupations - American, British, Frenchwoman and Soviet - are created.

Use of the concept of Reich

Legal situation after 1945

See also: legal Situation of German Reich after 1945

From the point of view of the political History, German Reich disappeared in 1945 with collapse from its institutions. However, the idea of its disappearance as a State was discussed from a legal point of view, which had certain consequences concerning the existence and the statute of the Federal Republic of Germany. Criticisms are based on the fact that neither the defeat nor the occupation were worth dissolution of the State founded in 1871 starting from the confederation created in 1866. Dieter Blumenwitz writes as follows: The unconditional surrender of the German armed forces May 7th and 8th 1945 was anything else only one military act and could not consequently reach the legal substance of the German official capacity. Even the arrest by the winners on May 23rd, 1945 of the last Government of Reich (it Dönitz government ), from now on without being able, did not carry not reached in the middle it German official capacity, because the official capacity does not depend on the fate of those which exert the functions of them and because the German official capacity was remainder still exerted at the intermediate and lower levels.

Several theories were advanced to defend the idea that Reich had juridically disappeared:

the theory of the debellation ( of Debellationstheorie ) is the idea that the suspension of the capacity of State and its appropriation by a Condominium of the victorious countries involved the disappearance of Germany as a Sovereign state.
the theory of the dismemberment ( of Dismembrationstheorie ) is the idea that Reich disappeared in the territory from FRG and that from GDR, that none of the two States is identical for him, and that it consequently ceased existing. With the center even of this theory, there exist various opinions on the date of the disappearance of Reich: with the foundation of the two States in 1949, or with the recognition of their sovereignty by the powers of occupation concerned in 1954, or with the coming into effect of the Basic Treaty of 1973. (Schweitzer 1986, RN 629)

To these theories the theories known as are opposed of the maintenance ( of Fortstandtheorien ), which postulate that Reich did not disappear in 1945. Methods of it maintenance several interpretations are likely:

the theory of the roof ( of Dachtheorie ) or theory of the separate orders ( of Teilordnungstheorie ) is the idea that FRG and GDR are two separate orders existing under roof fiction of Reich, without none being identified with him.
the theory of the official core ( of Staatskerntheorie ) is the idea that FRG is identical to Reich, but that there exists a difference between its territory, which is that of Reich in its borders of 1937, i.e. before the annexations hitlériennes, and the enforcement zone of the Fundamental law, tiny room to the Western part.
the theory of the State tail ( of Schrumpfstaatstheorie ) or theory of the State-core ( of Kernstaatstheorie ) is the idea that FRG is identical to Reich, but that the territory of Reich was tiny room to that of FRG.
the theory of the partial identity ( of Teilidentitätstheorie ) is the idea that each of both State is identical to Reich within the limits of its own territory.

There exists since 1985 a “Provisional government of Reich” ( Kommissarische Reichsregierung ), near to the extreme-right-hand side, proclaimed on the postulate that Reich always exists and that the Federal Republic of Germany does not exist from the point of view of the public International law and of the constitutional Law. It does not have any real capacity and any recognition.

German Reich in its borders at December 31st, 1937 was compared to the idea of Germany - or of Germany as a whole , - and with the designation of Germany until the conclusion of the treated of Warsaw in 1970, then that of the Treated two plus four in 1990. The re-establishment of full the Souveraineté with Germany with the coming into effect of the final declaration of the treated of Moscow on March 15th, 1991 allotted to the Federal Republic of Germany the quality which Reich of 1871 of State-nation small-German, federal had and integrated in the European order. Germany is today the official short designation of FRG.

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