Baden State Court

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The Baden State Court was a constitutional court with its seat in Freiburg. It was established in 1948 as a court for the state of Baden and continued to exist until 1953 after Baden was merged with Württemberg-Baden and Württemberg-Hohenzollern to form the new state of Baden-Württemberg .

Article 109 of the constitution of the state of Baden of May 22, 1947 provided for a state court to rule on constitutional disputes. The court was established by the state law on state jurisdiction of September 7, 1948 and actually began its activities on November 27, 1948. The first and only president of the court was Paul Zürcher .

According to the Constitution and Section 2 of the State Law on State Jurisdiction, the Baden State Court of Justice was responsible for deciding whether a law was unconstitutional or an ordinance unlawful ( control of norms ) and whether a legal status with the constitution that existed on the basis of a law at the time the constitution came into force There was a contradiction. It could also decide on the prohibition of parties and other political associations as well as on the forfeiture of fundamental rights . According to Section 3 of the law, it was also the court of competence, so in the event of a dispute it had to decide whether the ordinary or the administrative courts were responsible for a process.

After the newly founded state of Baden-Württemberg had its own state court , the jurisdiction of the state court of Baden was limited to the decision of the pending proceedings, and on March 31, 1953 it ceased its activities.

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Individual evidence

  1. ^ Constitution of May 22, 1947, Government Gazette of the Baden State Government, pp. 129, 138, online
  2. ↑ a b Law of September 7, 1948, Badisches Gesetz- und Verordnungsblatt p. 154, online
  3. ↑ a b Strauss, Christof: Preliminary remark to the finding aid “Bad. Freiburg State Court ” , Freiburg State Archives, 2004