Constitution of the Free State of Bavaria

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Basic data
Title: Constitution of the Free State of Bavaria
Short title: Bavarian Constitution
Abbreviation: BV, BayVerf, author BY
Type: State Law
Scope: Free State of Bavaria
Legal matter: Constitutional law
References : BayRS 100-1-I
Original version from: December 2, 1946
( GVBl. P. 333)
Entry into force on: December 8, 1946
New announcement from: December 15, 1998
(GVBl. P. 991)
Last change by: Section 1 Amendment Act of 10 November 2003
(GVBl. P. 817)
Effective date of the
last change: 		January 1, 2004
(Section 2 Amendment Act of November 10, 2003)
Please note the note on the applicable legal version.
Large coat of arms of the Free State of Bavaria

The constitution of the Free State of Bavaria ( short : BV , BayVerf or Verf BY ) is the state constitution of the Free State of Bavaria . It came into force on December 8, 1946 and gave the Free State of Bavaria a new basis for its state existence after it was brought into line under National Socialism and the time of the US military government . In Bavarian constitutional history, it is the fourth constitutional document of the Bavarian state after the constitution of 1808 , the constitution of the Kingdom of Bavaria from 1818 and the Bamberg constitution of 1919.

The constitution of 1946 is characterized by an emphatically federalist and historically substantiated claim to statehood , by the Christian image of the state and the human being, as well as notions of the common good, both Christian-conservative and social-democratic traditions of thought . In addition, there are strong social democratic ideas, especially in the business section. Overall, the constitutional text represents a deliberate compromise between the leading Christian social and social democratic ideas and politicians. The constitution created a democratic free state with a bicameral system of state parliament and senate , a strong state government and an independent constitutional court . It guaranteed the basic rights and also laid down basic duties . Since, in contrast to the deliberations on the Bamberg constitution in 1919, there was no federal constitution, the constitution of the Free State of Bavaria encompasses all areas of life that are relevant to the state, i.e. in addition to the structure of the state and basic rights, community life and economic life.

The Bavarian constitution regulates the independence of the Free State as a Land of the Federal Republic of Germany and the state system of Bavaria. After the Basic Law came into force , it lost some of its importance in view of the constitutional principle “ Federal law breaks state law ” ( Art. 31 GG ).

history

prehistory

At the beginning of 1946, the deputy military governor of the US occupation zone, Lucius D. Clay , instructed the Prime Ministers of the states of Bavaria , Hesse and Württemberg-Baden that democratic constitutions should be passed in the states within a year, on the basis of which democratically legitimized state governments could be established . With this arrangement, which was controversial in the occupying power, Clay wanted on the one hand to promote democratic re- education and on the other hand to counter the high costs caused by the administration of the occupation zone by the military government apparatus.

Preparatory Constitutional Committee

Wilhelm Hoegner (1930 or earlier) is considered the "father of the Bavarian constitution"

Bayern were Walter J. Muller , director of the Office of Military Government for Bavaria (OMGB), on 8 February 1946, the instruction to form a preparatory constitutional committee. The incumbent Prime Minister Wilhelm Hoegner then appointed a panel of experts with representatives from the state government and political parties. In addition to Hoegner as chairman, the committee included Interior Minister Josef Seifried , Labor Minister Albert Roßhaupter and Mayor Thomas Wimmer for the SPD , Special Minister Heinrich Schmitt for the KPD and State Chancellor Anton Pfeiffer , State Secretary Hans Ehard and Mayor Karl Scharnagl for the CSU . The Austrian state and constitutional lawyer Hans Nawiasky took part in the meetings as an advisory member.

The preparatory constitutional committee was constituted on March 8, 1946. During the time of his exile in Switzerland, Wilhelm Hoegner had already laid out preliminary work for a possible later constitution and was therefore able to present a first comprehensive draft, which was essentially based on the Weimar and Bamberg constitutions, which they recognized But tried to avoid weaknesses and emphasized Bavaria's statehood. The Hoegner draft provided for a unicameral system with parliamentary control of the state government, preferred a cooperative- oriented, dirigiste economic constitution and showed understanding for the church denominational school . Already in this draft the will for consensus between social democracy and Christian democracy is clearly recognizable. The draft was already modified in some points during the deliberations: The initially envisaged vote of no confidence was dropped in favor of a fixed four-year term of office for the Prime Minister and the right to vote was given a threshold clause. The majority of the disputed questions (electoral law, second chamber, own president), however, were reserved for the actual constitutional deliberations. As early as May 20, 1946, the draft could be submitted to the OMGB, which ordered elections to a state constituent assembly on June 30 ; the draft together with additional proposals should serve as a working basis.

State constituent assembly

The elections on June 30th resulted in a clear majority for the CSU . She received 58.3 percent and 109 out of 180 seats. The SPD achieved 28.8 percent and 51 seats, the KPD 5.3 percent and 9 seats, the WAV 5.1 percent and 8 seats and the FDP 2.5 percent and 3 seats. → List of members of the state constituent assembly

Despite the comfortable Christian social majority, the CSU and SPD were in agreement that the new constitution needed broad social approval in order to be recognized as a permanent state basis. The central deliberations therefore took place in a constitutional committee in which the two major parties were largely based on consensus , to which the CSU 12, the SPD 6 and the three smaller parties each sent a representative. Lines of agreement and compromise were always found in the constitutional committee by a small informal group consisting of Hoegner, Seifried, Ehard, Alois Hundhammer and Michael Horlacher . As in the preparatory committee, Hans Nawiasky, as an advisory expert, also had a decisive influence on the constitution of the constitution.

Basic positions of the parties

Despite its majority, the CSU decided not to draft its own constitution. The newly formed party was not yet sufficiently consolidated in its program to be able to agree on all points. However, their ideas were shaped by basic Christian and federal convictions. A state president should act as a symbol of Bavarian statehood and also form a dormant anchor of stability in everyday political life, as should a second chamber of parliament in which associations and corporations should be represented. The CSU also wanted to emphasize the importance of marriage and family and to anchor the denominational school as a regular school form.

Under Wilhelm Hoegner's influence, the Bavarian state association of the SPD also took a federalist position, which was extremely unusual in contrast to the rest of German social democracy. It met with the CSU as well as in the fundamental conception of the future economic constitution, which should take a moderate path between dirigism and market economy . When it came to school and socio-political issues, the SPD recognized the CSU's determination to push through Christian Democratic, conservative positions. There were clear lines of conflict in the social democratic emphasis on the legislature, which resulted in the rejection of the institutions of the state president and a second chamber, and the demand for an electoral system that should be based on proportional representation , whereas the CSU, as a majority party, would prefer a majority suffrage favored.

The three small parties could not make a decisive contribution to the negotiations. The KPD called for land reform and the nationalization of the economy as well as greater emphasis on German unity. The prominent demand of the WAV was the anchoring of strong plebiscitary elements and the FDP was skeptical about the constitutional process in Bavaria because of its pan-German orientation and insisted on a market economy and a strict separation of state and church .

Negotiations and conflicts

Certain fundamental provisions of the constitution were taken from the draft of the preparatory committee without much discussion and fundamentally shaped the constitution.

The entry into force of the constitution also meant the regaining of state quality for Bavaria. The constitution moved from the preamble to the definition of the state symbols and a separate Bavarian citizenship to the provisions of Germany on a clearly federal basis. The American military government made it a condition that the Bavarian constitution should not have any prejudicial effect on a future German constitution . Nevertheless, Article 178 contained the provision that Bavaria should only join one German federal state.

The state government, and especially the Prime Minister , were given a much stronger position than was the case in the Bamberg constitution. With the approval of the authority to issue guidelines for the Prime Minister, the collegial structure of the Council of Ministers that existed in the Kingdom and the Weimar period was discontinued. The renunciation of the office of state president, the establishment of a fixed term of office for the prime minister and thus the renunciation of the vote of no confidence still envisaged by Hoegner cemented the position of the prime minister as head of state and government in a way previously unknown. If the state parliament was already curtailed in its strong position originally intended by the SPD through the organization of the office of minister president, the constitution also contained a number of plebiscitary elements, which, however, did not break the primacy of representative democracy.

The catalog of basic rights comprised considerably more points than in the Bamberg constitution of 1919 and for the first time also included various basic obligations of the citizens. In contrast to the Weimar Republic, fundamental rights were immediately enforceable at the Constitutional Court. This constitutional court was also an innovation that was unanimously decided in the constitutional committee on the initiative of Hans Ehard. It was supposed to guarantee the democratic-constitutional state order and, in addition to ministerial accusations, exercise the right to review norms . In addition to constitutional complaints, he was also explicitly assigned the so-called popular lawsuit .

The content-wise controversial discussions essentially revolved around five areas of conflict: The focus was on the question of a Bavarian President, a second Chamber of Parliament and the right to vote. In addition, there were major discussions in the church and school constitution as well as the economic system.

The idea of ​​a Bavarian President was already a demand during the Weimar period that the Bavarian People's Party had unsuccessfully brought up for discussion. The leading CSU advocates in the Constitutional Committee were still aware of the instability of the governments in the Weimar Republic and therefore they wanted a state president as a stabilizer who would guarantee the state's ability to act in possible state crises without a state government capable of holding a majority. Second, the office, as a representative, should express Bavarian statehood and sovereignty. In order to enable the SPD to approve, the leading CSU politicians agreed to limit the rights of the office to a large extent compared to, say, the Reich President of the Weimar Constitution . The president should be able to dissolve the state parliament in the event of a persistent government crisis and be granted a weakened emergency law.

The three small parties categorically rejected the office. In the CSU itself, opinion was divided: the old Bavarian conservative wing around Fritz Schäffer and Alois Hundhammer stood up for the president, while the Frankish-liberal wing around party chairman Josef Müller, which was less represented in the parliamentary group , opposed it. The SPD also disagreed on the question. Wilhelm Hoegner and the members of the government pleaded for the compromise proposal because they suspected that otherwise the CSU could abandon all other compromises already found. However, the majority of the group turned against it because they championed a strong position of the legislative and feared that the CSU would secretly on the President Office, the Wittelsbach - monarchy reintroduce it. In the vote on September 12th, there was an extremely narrow majority of 85:84 votes with 4 abstentions against the introduction of the office of state president. This majority (this time with 87 votes against) was also held in a newly scheduled vote on September 20.

Like the demand for a state president, the concept of a second chamber of parliament stems from the BVP's program in the 1920s. Already in the Kingdom of Bavaria there was a so-called "First Chamber" of the Reich Councilors, which acted as an aristocratic counterweight to the "Second Chamber" of the MPs . The demand for a second chamber was essentially based on the same convictions as the President. It should act as a counterbalance to party-political thinking in daily politics and at the same time represent the people as a representative of the professions, which was not only organized in political parties. The second chamber should serve an objective assessment of politics in the concept of the CSU. The mistrust in the political parties from the Weimar period was clearly evident in the discussion about the second chamber. As a basis for discussion, Hans Nawiaski proposed a professional representation with representatives of the various state bodies that could either be on an equal footing with the state parliament in the legislative process, have a right of veto or only act in an advisory capacity. After long internal discussions, the SPD agreed to approve a second chamber if it were only granted advisory rights and thus the principle of popular sovereignty would be preserved. On this line, the General Assembly decided on August 27th with the votes of the CSU and SPD that a "Senate", called a second chamber, should be set up as a professional representation with an expert role in legislation.

On the question of the right to vote, the introduction of a blocking clause against the party fragmentation known from the Weimar parliaments in the CSU and SPD was undisputed and the debates revolved around the specific design. While the three small parties categorically rejected such a clause and the SPD did not try to enforce a clear position, the CSU finally succeeded with a majority of its votes in the constitutional committee that a party had to receive at least 10 percent of the votes in a constituency in order to be able to distribute the seats to be considered. The second point that had to be decided in the complex of electoral law was the electoral system . Both the state constituent assembly and the state parliaments of the Weimar period were determined according to proportional representation . However, the CSU wanted to enforce a majority vote in order to give the state greater stability than was the case with multi-party coalitions in the past through a two-party system that tended to develop. In contrast to the threshold clause, the CSU is again relying on a compromise with the social democrats and decided in the committee on a so-called “ improved proportional representation ”. It stipulated that half of the mandates should be awarded in constituencies according to the majority vote, the other half in constituencies identical to the administrative districts via a party list.

In contrast to the traditional social-democratic program, the Bavarian SPD took a very willingness to compromise when it came to the provisions of church and school articles. There was no doubt that the contracts with the Christian churches from 1925 (including the Bavarian Concordat ) would continue to apply. According to his own testimony, Wilhelm Hoegner was convinced "that the state could not do without the churches for a new moral beginning in this strongly religious country" and was therefore prepared to largely follow the CSU in its church-friendly position. The CSU de facto enforced the denominational school as a regular school and only accepted the community school in mixed-denominational places where a corresponding application came from parents. The Christian foundation of the constitution, pushed by the CSU and not blocked by the SPD, was formulated most clearly in the preamble in the school articles alongside the explicit reference to God, for example in the highest educational goals.

A final point of discussion was the section “Economy and Labor”, which, in contrast to the later Basic Law, also clearly contained socialist motives. There are several reasons for this: On the one hand, there was also a strong wing in the Christian Democracy, especially representatives of the Christian trade unions and farmers' associations, who represented positions that were critical of the market and strongly oriented towards the common good on the basis of Catholic social teaching . On the other hand, the leading politicians felt that a transitional phase of strong state activity in economic governance after the economic collapse in 1945 was inevitable. Since the CSU was negotiating the presidential question with the SPD at the same time, the willingness to compromise was all the greater. Wilhelm Hoegner's concept of an economic system based on a cooperative , which also provided for state planning and socialization, was largely unchanged. The CSU also enforced the guarantee of private property . Only after the intervention of the US military government was the draft significantly weakened. The originally planned state “planning” of the economy only had to give way to “steering” (“orderly production and distribution”) and the socialization article was weakened into an optional provision. After the presidential question had been settled and the SPD feared that the CSU might let the regulations in the economic section fail, this was no longer an issue after the US intervention, which was very close to the actual CSU positions.

While the church and school articles were largely kept within the framework of the Christian Democratic program and emphasized the Christian character of the constitution, in return the social democracy was able to introduce its principles relatively strongly in the economic articles and emphasize the orientation of the economy to the common good, without, however, prejudicing a state planned economy.

Adoption and entry into force

On September 20, 1946, the State Constituent Assembly adopted the text drafted by the Constitutional Committee with the votes of the CSU and SPD. The American military government subsequently objected to a number of provisions, which the Constitutional Committee essentially complied on October 11 and 22. Among other things, the exclusion of the public at state parliament sessions had to be defined in more detail and the emergency law limited. In addition, it had to be included that corporate self-government bodies were not allowed to exercise state sovereignty, and that the senators had to be elected according to democratic principles. Other concerns about Bavarian citizenship or the mode of election for the district administrators were not taken into account.

On October 24th, Lucius D. Clay informed the President of the State Assembly in a letter that the approval for the constitution would be granted, but ultimately interpreted Article 178 to mean that Bavaria's accession to a future German federal state was not only optional, but there is no alternative.

This enabled the final vote to take place in the regional assembly on October 26, 1946, in which the constitution was adopted with 136 votes to 14. The CSU and SPD voted in favor, the small parties KPD, WAV and FDP against.

In the referendum that followed on December 1, 1946, the constitution was approved by 70.6 percent, with a turnout of 75.7 percent. This enabled Prime Minister Wilhelm Hoegner to issue the constitutional charter on December 2nd and the constitution of the Free State of Bavaria came into force on December 8th, 1946 with its publication in the Bavarian Law and Ordinance Gazette.

There is no original copy of the 1946 constitution. According to Hoegner, the certificate looked “necessary” because it was typed on “slightly better carbon paper”. Josef Müller said that the constitution was not the first document that had disappeared without a trace in Bavaria.

Later changes

The rules for amending the constitution can be found in Article 75. An amendment that contradicts the basic democratic principles of the constitution is not permitted. A two-thirds majority in the state parliament and approval by the people in a referendum is normally required to change the constitution . The constitution can also be changed through a referendum without the consent of the state parliament via a referendum.

  1. July 22, 1968: Christian community school instead of Catholic or Protestant denominational school
  2. June 15, 1970: Reduction of the active voting age from 21 to 18 years and the passive voting age from 25 to 21 years.
  3. July 19, 1973: among other things: Change of the threshold clause from 10 percent in one constituency to 5 percent in the whole country; express definition of freedom of broadcasting
  4. June 20, 1984: Protection of livelihoods enshrined in constitution
  5. October 27, 1995: Introduction of referendums and referendums at the municipal level
  6. February 8, 1998: including abolition of the Senate (→ referendum on the Bavarian Senate ); Extension of parliament - election period to five years; Insertion of a sentence on the role of the parliamentary opposition; Alignment of Article 100 (human dignity, previously: dignity of the human personality ) with the wording of the Basic Law ( Article 1, Paragraph 1 of the Basic Law); Deletion of the implementing provision on the death penalty , which has already become obsolete by Art. 102 GG ; editorial changes
  7. September 21, 2003: among other things: introduction of the principle of connectivity and lowering of the passive voting age from 21 to 18 years.

content

The constitution of the Free State of Bavaria is divided into four main parts, which are followed by the final and transitional provisions. With regard to the structure - state, basic rights, community life, economy - the influence of the Weimar constitution is unmistakable.

preamble

The preamble was not yet included in the original draft, it was written by Alois Hundhammer and, on his initiative, preceded the constitutional text. In statesmanlike willingness to compromise, the formulation of the preamble introduced a commitment to God into the constitutional text without inserting any explicitly religious state and constitutional legitimation that could hardly have been conveyed to the other parties. The text of the preamble reads:

“In view of the rubble to which a state and social order without God, without conscience and without respect for human dignity led the survivors of the Second World War, with the firm resolve to give the coming German generations the blessings of peace, humanity and To permanently secure the law, the Bavarian people, bearing in mind their more than thousand-year history, adhere to the following democratic constitution. "

First main part: Structure and tasks of the state

The first main part is devoted to “Structure and tasks of the state”. The first section deals with the “Basics of the Bavarian State”. It is stipulated there that Bavaria is a free state , that the people are the bearers of state power and that Bavaria is a constitutional, cultural and social state. The constitution is committed to a united Europe and the separation of powers . In the further articles of the first section, the Bavarian citizenship , the citizenship as well as the division of the national territory into administrative districts (which are called "districts" in the constitution), administrative districts (which are called "districts" in the constitution) and municipalities with the guarantee of the communal Self-governing treated.

With the provision in Article 2, the people become the bearers of state power. This formulation differs from the one from which the Weimar Constitution : "The state authority emanates from the people", the other of the authoritarian , from left as klerikalfaschistisch designated Austrian May Constitution "goes out in the name of Almighty God, from whom all right ..." It makes it clear that on the one hand the Bavarian constitution leaves no doubt about popular sovereignty in the democratic sense, but on the other hand leaves open the question of the original derivation and legitimation of state power, apparently consciously against the Christian background of the constitutional fathers.

The following sections are devoted to the Bavarian political system : one by one, the composition, rights and tasks of the state parliament , (until it is abolished) the senate , the state government and the constitutional court are determined, the course of the legislative process is regulated and administration , justice and civil service are dealt with .

A special feature of the political system is the popular legislation through referendums and referendums , as well as the Bavarian solution to the responsibility of the state government towards the state parliament: There is no vote of no confidence , but the prime minister (elected by the state parliament at the beginning of the electoral period) is obliged to resign "if the political conditions make a trustful cooperation between him and the Landtag impossible. ”The Landtag can dissolve itself with a simple absolute majority and be“ recalled ”by referendum and referendum.

Second main part: fundamental rights and fundamental duties

The second main part deals with the “fundamental rights and basic duties”. The Constitution forbids restrictions on fundamental rights, except “when public safety, morality, health and welfare absolutely require it”. The Constitutional Court is granted the right to annul laws and ordinances that unconstitutionally restrict a fundamental right.

The Constitution guarantees the classic fundamental rights of human dignity , of personal freedom and universal equality, freedom of movement , the freedom of conscience , of expression - the press - and broadcasting freedom and private property . In addition, it guarantees the principle of nulla poena sine lege , the right to asylum , the inviolability of the home , the confidentiality of letters , mail and telecommunications , the freedom of research , assembly and association, and the right to petition . Article 123 also provides a right to appropriate taxation. However, the Bavarian Constitution does not grant a basic right to effective legal protection as the Basic Law grants in Article 19 (4) of the Basic Law.

In contrast to many other constitutions, the Bavarian constitution also contains a number of basic programmatic obligations of the citizens, such as the general "duty of loyalty to the people and the constitution", the prohibition of hatred of people and race, the obligation to take on honorary posts and a mutual obligation to help in the event of "accidents , Emergencies and natural disasters and in neighboring traffic ”.

Third main part: Community life

The third main part regulates “community life”. The first section regulates “marriage, family and children” and places marriage and family as “natural and moral foundations of human community” under the special protection of the state.

The second section deals with education and school, the protection of the natural foundations of life and cultural tradition. It regulates compulsory schooling, free tuition, state school supervision and the highest educational goals ("Schools should not only impart knowledge and skills, but also build heart and character. The highest educational goals are reverence for God, respect for religious convictions and for the Human dignity, self-control, a sense of responsibility and a willingness to take responsibility, willingness to help and open-mindedness for everything that is true, good and beautiful and a sense of responsibility for nature and the environment. The students are in the spirit of democracy, in love for the Bavarian homeland and the German people and in the spirit of international reconciliation To educate. ”) The 1968 revised article 135, according to which the pupils are taught and educated according to the principles of the Christian creeds, was interpreted by the constitutional court to mean that it detached from concrete beliefs the Christian-occidental values ​​anchored in the constitution rewrite. In other articles, the universities' right of self-administration is guaranteed, and the state is obliged to promote science and art. Article 141 anchors the protection of the natural foundations of life, assigns the task of monument and nature protection to the public sector and guarantees the general public free access to natural beauties and recreation in the great outdoors (see mushroom paragraph ).

The third section covers the topics of religion and religious communities; The standardization guarantees the freedom of religious communities, which are granted legal capacity according to the provisions of civil law and the status of a corporation under public law combined with the right to collect church taxes . The clergy enjoy the protection of the state in the fulfillment of their official duties, confessional secrecy, property of the religious communities and protection of Sundays and public holidays as well as the participation of the religious communities at funerals are guaranteed. The religious communities are granted the right to institutional pastoral care; the churches also have the right to train their clergy at their own church universities. The theological faculties at the state universities are guaranteed.

Fourth main part: economy and work

The fourth main part is entitled “Economy and Work”. The first section gives the framework for the economic order . All economic activity is programmatically tied to the common good, in particular to the “guarantee of a decent existence for all” and the “gradual increase in the standard of living of all social classes”, while maintaining freedom of contract. The stipulation that the “orderly production and distribution of economic goods to meet the needs of the population [...] is monitored by the state” can be explained from the historical development of the constitution. Cartels and monopolies "which aim to exploit the broad masses of the population or to destroy independent middle-class livelihoods" are forbidden. The constitution guarantees the self-government of the economy and grants small and medium-sized enterprises special protection through legislation and administration.

The second section on property defines the social ties of private property and the possibility of expropriation in cases provided for by law. Ownership of mineral resources and facilities of general public welfare "is usually available to corporations or cooperatives under public law" - a provision that did not have any major impact, as the majority of the facilities mentioned were already state-owned in the post-war period was. This provision was just as inapplicable as the possibility of being able to transfer “vital means of production, big banks and insurance companies” into common ownership “if the consideration of the whole requires it”.

The third section is devoted to agriculture . It guarantees the farmers' ownership of the land and determines that “farmland should not be alienated from its intended purpose”. Article 164 programmatically guarantees a decent livelihood for the agricultural population.

The fourth section places work as a source of popular wealth under the special protection of the state. Human labor is to be "protected against exploitation, operational hazards and other damage to health" as the "most valuable economic asset of a people". In addition, the constitution contains the right to appropriate remuneration, the right to necessary welfare, social security , occupational health and safety legislation , recreation and internal and external co - determination rights . The freedom of association is guaranteed, collective agreements can be explained if necessary generally binding.

Final and transitional provisions

The last part of the constitutional text consists of the final and transitional provisions, which were largely only of importance in the post-war period. Article 178 contains the provision that Bavaria will join a future German democratic federal state, Article 180 authorizes the state government in the meantime to join joint institutions of German states and zones. Article 179 declares, under pressure from the American military government, that corporations and self-governing bodies of the economy are not allowed to exercise sovereign powers. In addition, Bavaria's right to conclude state treaties within the framework of its competence is confirmed, the continued validity of old state treaties is confirmed, a right to reparation for those persecuted by the Nazi regime is guaranteed and it is determined that the validity of the denazification laws are not restricted by the constitution.

Article 186 repeals the Bavarian Constitution of 1919 and prescribes the continued validity of other existing laws and earlier regulations, provided they do not conflict with the constitution.

Finally, the last two articles stipulate that all members of the public service are to be sworn in to the Bavarian constitution and that every student is given a copy of the constitution before completing compulsory schooling.

swell

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  • Michael Stephan: A whole section erased the ninth time. Eleven laws to change - what is still “original” in the Bavarian constitution? In: Unser Bayern 55, 2006, ZDB -ID 125717-1 , pp. 122–123.
  • Hans F. Zacher : Fifty Years of the Bavarian Constitution. In: Bayerische Verwaltungsblätter 127, 1996, ISSN  0522-5337 , pp. 705-720.
  • Anette Zimmer: Founding of democracy and constitution in Bavaria. The emergence of the constitution of the Free State of Bavaria from 1946. Lang, Frankfurt am Main et al. 1987, ISBN 3-8204-9592-4 , ( Verfassungspolitik 4), (At the same time: Heidelberg, Univ., Diss., 1986).

Web links

Individual evidence

  1. ^ Father of the Bavarian Constitution , Bayerischer Rundfunk, accessed on September 19, 2015
  2. ↑ The father of the Bavarian constitution. A builder of modern Bavaria. A life fighting for justice. , SPD Bavaria, accessed on September 19, 2015
  3. ^ Wilhelm Hoegner (1887–1980) , NS Documentation Center Munich, accessed on August 8, 2017
  4. ^ Peter Kritzer: Wilhelm Hoegner. Political biography of a Bavarian social democrat. Munich 1979, p. 248ff.
  5. ^ Gelberg: Constitution, 715.
  6. ^ House of Bavarian History: Bavaria after World War II
  7. ^ History of Bavaria: Heimaterde, Vaterland - DIE ZEIT No. 20/2011
  8. ↑ “ What is that: a Bavarian? “ The time of August 10, 1962.
  9. ^ Hanns Seidel Foundation: Oliver Braun: Conservative existence in the modern age. Catholic and conservative policy-making in Bavaria in the 20th century - the example of Alois Hundhammer , p. 7 (PDF; 48 kB) ( Memento from November 10, 2007 in the Internet Archive )
  10. ↑ Weimar Constitution, Art. 1, Paragraph 2
  11. ^ (Illegitimately enacted) constitution of the federal state of Austria of April 24th / 1st May 1934 , preamble
  12. ↑ Decision of the Bavarian Constitutional Court ( BayVerfGH ) - Vf. 32-VI-15 - from November 17, 2015 http://www.gesetze-bayern.de/Content/Document/Y-300-Z-BECKRS-B-2015- N-55407? Hl = true