The Federal Act & Constitutionalism

Constitutionalism, best defined as a Locke and Machiavelli inspired idea believing that government is best functioning when limited in its powers by the existence of a mandated constitution, was a primary political theory present and debated prior to, during, and following the Congress of Vienna. Theorists who believe in the supremacy of constitutionalism as a political theory support a style of government that abides by a constitution, prioritizes a separation of power, adheres to the sovereignty of their citizens and of their democracy, and is amenable to review by a judiciary branch, among other similar characteristics. 

The relevance of constitutionalism to the Congress of Vienna, and in turn to our committee, is that alongside the rise of liberalism, constitutionalism became a popular political theory among members and relevant actors in the Congress and in Europe at large. For example, Prince Metternich of the Austrian delegation was staunchly against constitutionalism in favor of conservatism, whereas Lord Castleragh of the United Kingdom’s delegation was more so in favor of constitutionalism due to the UK’s status as a constitutional monarchy. 

Considering the Congress of Vienna’s desire to restructure and destabilize the European continent following the chaos ensued by Napoleon during his Napoleonic Wars, the idea of constitutionalism and the effectiveness of constitutions within government was a common and vital topic of debate both during the Congress and immediately after. It was at this time that many European states began to incorporate constitutionalism into their monarchies, or plant the seeds to eventually abolish their monarchies all together in favor of a democratic government with a foundational constitution. It must be noted that the United Kingdom paved the way in terms of showcasing the practicality of constitutionalism as a valid government style for Europe following the Congress of Vienna and its lackluster solution set. 

Having said this, it is understandable then that the 1815 German Federal Act, meant to represent the debate and decisions regarding the fate of the German states following the Congress of Vienna, would draw upon, or at least draw inspiration from, some principles of constitutionalism. It is no secret that the decision of what to do with the hodgepodge that was the German states was in no way a unified choice, but rather a fierce debate of whether the Holy Roman Empire should remain standing or a new German Confederation should be established. The German Federal Act was a section within the Congress of Vienna’s own treaty, allowing it to reign as a chief subject to be considered both during and after the Congress. Tasked to establish an effective but controlled constitutional structure for the German states, to later become the German Confederation, both German leaders and most delegates of the Congress agreed that in order for German sovereignty to remain intact, a structured yet still loose confederation of states would be sanctioned in the German Federal Act during the final days of the Congress of Vienna. The 1815 German Federal Act is just one of many tangible applications of constitutionalism post-Vienna, and we encourage you to research more thoroughly into similar examples in our relevant history. 

P.S. Here's a map of the German Confederation's borders established in the 1815 German Federal Act.