The theory of the German constitutionalists of the 19th century about state system of Germany

In article state and legal bases of the doctrine about the federal (allied) state in Germany are investigated. Fundamental state and legal bases of the doctrine about the Union State were developed by the great constitutionalist professor George Ellinek. The scientist explains why he offers the Union State as a constitutional and legal form at which implementation of the theory of the German unity is possible: "In the Union State several states are connected in a whole, that is within competence of the allied government all separating certain states of distinction disappear. Therefore in the Union State the territory and the population of the certain states are united in one indissoluble whole, the territory of the certain states is its territory, the people of the certain states - its uniform people". According to it, Ellinek introduces the idea that in the course of the historical development uniform Germany is obliged to recognize the Union State as the highest form of "political life of the German people". The significant contribution to development of the theory of state system of Germany was made by the known German constitutionalist Pavel Laband. Insisting on submission of certain lands to the Union State, professor emphasizes that the Union (federal) German State represents the highest form of the hostel. He proves these need for Germany of federal form of government. The famous representative of the German state law G. Meyer in the works supported uniform Germany which constitutional and legal embodiment he offered in the form of the Union (federal) State. He built the concept on comparison of confederation and federation. According to him, in confederation there is a uniform, general sovereign power of the confederative states, and in federation - double sovereignty of the union and member states. Views of professor of the Konigsberg university Philipp Zorn who paid considerable attention state legal to the device of Germany are of undoubted interest. According to the scientist, the German people can achieve the objectives only by education over itself the higher authority which will unite it in one hostel. Creation of the Union State comes down in principle to creation of the higher authority. The above allows to notice that the idea of the state unity for social thought of Germany of the XVIII-XIX centuries was main, in view of the historical and state and legal reasons. The constitutional and legal form of realization of the idea of unity of the German nation was offered in the form of the Union (federal) State. Thus, the German federalism is centuries-old tradition of formation of the uniform national state from sovereign state educations.

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