Baden (South Baden)

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State of Baden
Flag of Baden
Germany location of Baden.svg
Baden's coat of arms
coat of arms
Basic data
Language : German
State capital : Freiburg in Breisgau
Form of government : parliamentary republic , partially sovereign member state of a federal state
Area : 9,952 km²
Foundation : December 1, 1945
Population : 1.339 million (September 13, 1950)
Population density : 135 inhabitants per km²
Head of Government : President Leo Wohleb
Last choice: May 18, 1947
Votes in the Federal Council : 3
Southwest State-Baden.png
Baden in what is now the state of Baden-Württemberg after the Second World War

Baden , until December 2, 1946 Südbaden , was a state of the Federal Republic of Germany with the capital Freiburg im Breisgau . It comprised the southern parts of the former Republic of Baden and was incorporated into Baden-Württemberg in 1952 .


The country comprised the southern part of the former Baden , which was part of the German Empire until 1945 . It was entirely in the French zone of occupation .

The central landscape of Baden with most of the large cities was the Upper Rhine Plain . Bounded in the west and south by the Rhine and Lake Constance , the country stretched on the right bank of the Rhine from Linzgau via Lörrach , Freiburg im Breisgau to Baden-Baden . It bordered the French Alsace in the west, Switzerland in the south, Württemberg-Hohenzollern in the east and Württemberg-Baden in the north.

The eastern border to Württemberg-Hohenzollern ran through the Black Forest ; from there to the Rhine, Baden was only 30 kilometers wide in the central area. The narrowest point ("wasp waist") was only 17.2 kilometers from the Württemberg border in the area of ​​the Gaggenau-Michelbach district to the Rhine.


Zone of occupation after the Second World War

At the Yalta Conference in 1945, France was granted its own zone of occupation in Germany . The border between the American and French zones in southwest Germany was based on the course of the Karlsruhe - Stuttgart - Ulm motorway (today's Federal Motorway 8 ); Counties through which the motorway passed were assigned to the American zone, the districts south of it to the French.

Jean de Lattre de Tassigny was commander in chief of the 1st French Army , which conquered southwest Germany at the end of World War II . Marie-Pierre Kœnig became military governor of the French occupation zone in Germany . In 1945, Émile Laffon took over the development and management of the military administration in the French occupation zone as general administrator . Differences with the commander-in-chief Marie-Pierre Kœnig led him to resign in 1947. On the French side, Pierre Pène was directly responsible for the Baden state administration .

France united the Prussian Hohenzollern Lands with the southern part of Wuerttemberg to form the administrative unit Wuerttemberg-Hohenzollern in its zone of occupation and created the southern part of Baden into the administrative unit of South Baden with an area of ​​around 9,646 km² and 1.3 million inhabitants. Its capital became Freiburg im Breisgau on December 1, 1945. The parliament met in the historic department store , the seat of the state government and the official seat of the state president was the Colombischlössle .

In a referendum on May 18, 1947, the constitution of the state of Baden was passed , which made it clear in the preamble that southern Baden claimed to be the successor state and guardian of the old state of Baden, formerly the Grand Duchy of Baden . This was also made clear by the fact that the state consistently called itself Baden instead of "South Baden" as originally intended.

Accession to the Federal Republic of Germany

Leo Wohleb participated from July 8th to 10th, 1948 at the so-called Rittersturz conference in Koblenz and the Niederwald conference on 15/16. July 1948. Paul Zürcher , Theodor Maunz and Hermann Fecht worked for Baden at the constitutional convention on Herrenchiemsee .

On August 31, 1948, the Landtag elected Justice Minister Hermann Fecht, who was a member of the CDU, and the Social Democratic parliamentary group leader Friedrich Maier as representatives of the state in the Parliamentary Council of the eleven countries in the western occupation zones of Germany. After his resignation on March 7, 1949, Anton Hilbert took over for Fecht . On May 8, 1949, the parliamentary council passed the draft of the Basic Law and the three Western military governors gave their consent on May 12.

Pursuant to Article 144, Paragraph 1 of the Basic Law, the draft had to be approved by the representatives of the people in two thirds of the German states in which it was initially to apply. Between May 18th and 21st it was put to a vote in the state parliaments.

According to Art. 52 of the Baden Constitution, the approval of a federal constitution of the German states required a constitution-amending law and Art. 92, Paragraph 2 of the Baden Constitution stated: are changed or revoked, the consent of at least two thirds of the statutory number of members of the state parliament is required; if the law is passed, it must be submitted to the referendum. ”In the Baden state parliament the vote took place on May 18, 1949, whereby the Basic Law was adopted with 49 against 2 votes. A referendum on the adoption of the Basic Law of the Federal Republic of Germany never took place in Baden, as this was not wanted by the Allied military governors.

The Basic Law was drafted and promulgated on May 23, 1949 in a solemn session of the Parliamentary Council by the President and the Vice-Presidents ( Art. 145, Paragraph 1). According to Art. 145, Paragraph 2, it came into force at the end of this day, with which the Federal Republic of Germany was founded and the State of Baden was one of the 11 federal states .

Foundation of Baden-Württemberg

Note: The historical processes can also be found in detail in the section The Origin of Baden-Württemberg in the article Württemberg-Hohenzollern .

The government under Leo Wohleb ( CDU ) was from the beginning a strict opponent of the south-western state , i.e. the amalgamation of the three states of Baden, Württemberg-Baden and Württemberg-Hohenzollern.


Vote on the formation of a "Southwestern State" in 1951 (percent yes votes) - a majority of the voters of South Baden voted against

In 1951 there was a referendum on the establishment of the south-western state, whereby according to federal law the voting area was divided into four zones (North Württemberg, North Baden, South Württemberg-Hohenzollern, South Baden). The union of the countries should be considered accepted if there was a majority in the entire voting area as well as in three of the four zones. Since a majority in the two Wuerttemberg zones as well as in North Baden could already be foreseen (trial votes were carried out for this purpose), this regulation favored the supporters of the association.

In the vote on December 9, 1951, voters in both parts of Württemberg voted with 93% for the merger, in northern Baden with 57%, while in southern Baden only 38% were in favor. In three of four voting districts there was therefore a majority in favor of the formation of the south-west state, so that the formation of a south-west state was decided, although in the entire Baden area (north and south Baden) 52.2% had voted against.

Constitutional Lawsuits

Various constitutional complaints were brought against the referendum and the amalgamation. In 1951, the Baden government filed a constitutional complaint against the voting mode. The then newly formed Federal Constitutional Court , however, rejected an immediate repeal of the referendum, whereby the decision was made with 3: 3 votes. In 1956 the Federal Constitutional Court ruled that there was no majority in the state of Baden in 1952 and that the vote should therefore be repeated in Baden. However, the Baden-Württemberg government did not allow the vote to take place until 1970, 18 years after the federal states were amalgamated. The status quo was confirmed by 81% of voters.


Official symbols

Article 55 of the constitution of the state of Baden stipulated:

“The national colors are yellow-red.
The Baden flag consists of two yellow and one red vertical stripes of the same width.

The national coat of arms consists of a golden shield covered with a red right sloping bar, which is held by two silver griffins. "


description management Term of office Parties
Council of Ministerial Directors Alfred Bund June 2, 1945 to December 3, 1946 Non-party ; BCSV ; SPB ; DeP
State Secretariat Wohleb Leo Wohleb December 3, 1946 to May 17, 1947 ; Managing director until August 6, 1947 Non-party; BCSV, SPB, DeP, KPB
Cabinet Wohleb I Leo Wohleb July 24 / August 6, 1947 to January 5, 1948 Coalition of BCSV and SPB
Wohleb II cabinet Leo Wohleb January 23 to August 26, 1948 ; Managing director until February 22, 1949 sole CDU government
Cabinet Wohleb III Leo Wohleb February 22, 1949 to April 25, 1952 sole CDU government

Elections and referendums in the state of Baden from 1946 to 1952

Election / vote date Remarks basis
Local councils September 15 and 29, 1946 Dominance of the BCSV
District councils October 13, 1946 Dominance of the BCSV
Advisory State Assembly of the State of Baden November 17, 1946 Dominance of the BCSV; indirect choice
Referendum on the constitution of the state of Baden May 18, 1947 Acceptance with 67.9% of the votes cast
Parliament May 18, 1947 absolute majority of the BCSV
Municipal and district councils November 14, 1948 CDU achieved less than 50% of the votes overall; Profits of the SPD and FDP
Trial referendum on accession to a new south-west state September 24, 1950 rejected with 59.6%
Referendum on the extension of the electoral period of the Landtag elected in 1947 November 18, 1951 Extension approved by a large majority
Referendum on accession to a new south-western state December 9, 1951 rejected with 62.2%

State Parliament in Baden

State election 1947

The state parliament was elected only once in Baden, namely in the 1947 state parliament election on May 18, 1947. The BCSV received an absolute majority .

The predecessor of the state parliament was the Advisory State Assembly of the State of Baden, which was elected by district and municipal councils on November 17, 1946 and began its work on November 22.

On August 31, 1948, the Landtag elected Justice Minister Hermann Fecht, who was a member of the CDU, and the Social Democratic parliamentary group leader Friedrich Maier as representatives of the state in the Parliamentary Council of the eleven countries in the western occupation zones of Germany. After his resignation on March 7, 1949, Anton Hilbert took over for Fecht .

Administrative division

City districts

For the organization of the courts, see Courts in Baden (South Baden) .


Web links

Individual evidence

  1. Statistical Yearbook for the Federal Republic of Germany 1952 .
  2. See Manz, p. 516.
  3. ^ Judgment of the Federal Constitutional Court of October 23, 1951 ( Memento of March 15, 2010 in the Internet Archive )
  4. ^ Judgment of the Federal Constitutional Court .
  5. ^ Constitution of the state of Baden online .
  6. On July 24, 1947, Wohleb was elected President and on August 6, the cabinet was formed.
  7. ^ Official Journal of the Baden State Administration - French Occupation Area, 1946, No. 12 of August 14, 1946, pp. 65–75 .
  8. See Matz: Das Land Baden 1945–1952 , p. 514.
  9. Baden municipal code of September 23, 1948. In: Badisches Gesetz- und Verordnungsblatt. Government Gazette of the Baden State Government No. 38 of November 3, 1948, pp. 177–187 .
  10. Klaus-Jürgen Matz: The State of Baden 1945–1952. 2003, p. 492.