The German Constitution
A constitutional crisis in Germany has been averted, but a constitutional tangle remains. The facts themselves are clear. The Supreme Court at Karlsruhe has had submitted to it three questions, all concerning the contractual agreements on whose ratification German association with the European Defence Community depends. The President of the Republic, Dr. Heuss, asked whether he would be justified in approving the agreements if they passed the Bundestag by a bare majority. The Social Democrats asked whether the treaties should not be regarded as completely unconstitutional; the Government coalition asked whether the treaties could be adopted by a simple majority. The first request was for advice, which would not necessarily be binding; the second and third were for decisive rulings. The two latter would come before the two " Senates " into which the Supreme' Court is divided, and it is suggested that the " black " Senate, which would hear the Government's appeal is more generally favourable to the Government than the other. The Government request in any case must for technical reasons be heard before the Socialist. Now most unexpectedly the Court, sitting as a whole, has announced that whatever its finding on President Heuss's question (which it has not yet considered) the finding will bind the two Senates when they hear the Government's and the Socialists' cases respectively. This has gravely disconcerted the Government, and after prolonged private discussions the President has withdrawn his question from the Court altogether, on the ground that it is improper that a ruling on an advisory opinion should govern judicial decisions. Does the situation now become again what it originally was ? Will, that is to say, the black Senate proceed to consider the case put by the Government as though nothing had happened ? That question cannot yet be answered. The whole affair is dis- quieting, for early decisions on defence are essential.
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