Article 48

Article 48 allowed the President to take emergency measures without prior parliamentary agreement. In July 1930, Hindenburg used it to introduce Brüning’s budget despite parliamentary opposition. The Reichstag voted to overturn the decree.

Article 48 created a further tension. If public safety was endangered, the president could issue emergency decrees with the force of law without first obtaining the Reichstag’s approval. This offered a way to act quickly during a crisis, but it also provided a route around parliamentary government.

Article 48 allowed emergency action, including suspending civil rights and governing without normal Reichstag consent. It could help a government act quickly during a crisis, but it also provided a route around parliamentary democracy. Economic recovery did not remove this constitutional vulnerability.