On July the constitution of the German Republic was proclaimed by the National Constituent Assembly in the city of Weimar in the region of Thuringia which thus replaced the Prussian Empire after the defeat in the First World War and which would be published ten days later on August . This year is his centenary and the seminars and studies in his memory will multiply. Already in Spain an important International Congress has been announced in Madrid that will take place from November to under the suggestive title of Weimar Moments . What are the elements that one hundred years after its adoption make it continue to be a celebrated and commented text? They are many and sometimes contradictory.
The Weimar Constitution had a short life actually from to with Hitler 's rise to power but it has had enormous influence as a democratic model based on a Social State in which as art. of that constitutional text “ Work will enjoy the special protection of the State. A uniform workers' right will be established throughout the State . In addition the State undertook to fight “to obtain international regulation of the legal relations of workers in CXB Directory order to ensure a general minimum of social rights for the entire working class of humanity ” art. . A clear position on the right to work that every citizen possessed – “Every German has the moral duty to use his intellectual and physical forces as the good of the community demands and without prejudice to his personal freedom. Every German must be given the opportunity to earn a living through productive work. When adequate opportunities for work cannot be offered attention will be paid to their necessary support” art. of the Constitution – and the recognition of the collective right to work through employers' associations and workers' unions and the very special institution of company district and national-state workers' councils that were part of a broad project of “socialization” of economic and social relations art. of the Constitution.
It is the specific historical moment that evokes the Weimar Constitution the terrible temporal phase between the wars which in the case of Germany marked the victory of Nazism and the moral and political destruction of that German people united with their Führer.
baylWeimar has a direct influence on our republican constitution of whose art. established that “work in its various forms is a social obligation and will enjoy the protection of the laws. The Republic will ensure to every worker the necessary conditions for a dignified existence” as a prelude to a catalog of matters that social legislation should regulate. Weimar is therefore for labor jurists not only the constituent moment of labor law which transcends the previous fragmentary stages of worker and pietist law but also a model of constitutional regulation of labor in which it appears as a central element in the political determination of the national community and no longer as an important component of the economic system as a commodity subject to the laws of exchange in the production of goods and services.
發表於 2024-3-16 14:49:26
