State constitution of the Free Hanseatic City of Bremen

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Basic data
Title: State constitution of the Free Hanseatic City of Bremen
Short title: Bremen constitution (not official)
Abbreviation: BremLV, BremVerf
Type: State Law
Scope: Free Hanseatic City of Bremen           
Legal matter: Constitutional law
References : Sa BremR 100-a-1
Issued on: October 21, 1947
( Brem.GBl. P. 251)
Entry into force on: October 22, 1947
Last change by: Art. 1 G of August 31, 2010
(Brem.GBl. P. 457) Decision
of June 30, 2015
BGBl. I p. 1932
Effective date of the
last change: 		September 14, 2010
(Art. 2 G of August 31, 2010)
Please note the note on the applicable legal version.

The state constitution of the Free Hanseatic City of Bremen is the constitution of the state of Bremen . It dates from October 21, 1947 and was last revised on August 15, 2019 with effect from August 16, 2019.

content

The state constitution (LV) is shaped by the development of the Bremen constitutional discussion, by the constitution of 1920 and by experiences from the time of National Socialism . That is why the preamble says:

“Shaken by the destruction caused by the authoritarian government of the National Socialists in disregard for personal freedom and human dignity in the centuries-old Free Hanseatic City of Bremen, the citizens of this country are willing to create an order of social life in which social life Justice, humanity and peace are cultivated, in which the economically weak are protected from exploitation and all those willing to work are guaranteed a decent existence. "

It contains an extensive part on the basic rights and basic duties (Articles 1 to 20 LV), which are largely similar to the basic rights of the Basic Law for the Federal Republic of Germany (GG) of 1949. Notwithstanding the GG, the state constitution u. a. formulated:

  • Article 8, 1st sentence: "Everyone has the moral duty to work and a right to work ."
  • Article 14, 1st sentence: "Every resident [...] has the right to adequate housing."

In the state constitution, the structure of the state is regulated with the separation of powers into legislative , executive and judicial branches .

The executive and legislative of the state Free Hanseatic City of Bremen are prevalent in personal union also organs of the City of Bremen . Legislation in the city of Bremen is incumbent on the city of Bremen's members of the citizenship (Stadtbürgerschaft), the executive bodies of the state are also in charge of the city of Bremen's administration.

As a local law, the city ​​of Bremerhaven has its own constitution and municipal organs in accordance with the provisions of the state constitution (Article 145 LV) : the city ​​council and the city's magistrate .

The local law of the city of Bremerhaven of November 4, 1947 was approved by the Senate of the Free Hanseatic City of Bremen on November 14, 1947 and came into force on January 1, 1948. According to Article 146 (LV), the Bremen Senate has the “supervision” of the “legality of administration” over the Bremerhaven community.

Structure of the state constitution

The state constitution divides its 155 articles into the following main parts and sections:

  • Fundamental rights and obligations
  • Order of social life
    • 1. The family
    • 2. Education and instruction
    • 3. Work and Economy
    • 4. Churches and religious communities
  • Structure and tasks of the state
    • 1. General
    • 2nd referendum, state parliament (citizenship) and state government (senate)
    • 3. Lawmaking
    • 4. Administration
    • 5. Administration of justice
    • 6. Municipalities
  • Transitional and final provisions

Changes to the state constitution since 1947

Article 125 of the state constitution of 1947 stipulated that an amendment to the constitution could only come about through a referendum or through a unanimous decision of the majority of the citizens present. With the exception of the amendments of 1953 and 1960, this difficult hurdle initially prevented desirable changes to the constitution . After the Basic Law of the Federal Republic of Germany came into force in 1949, the basic rights were standardized by federal law (Article 31 GG: "Federal law breaks state law" ); Changes in the state constitution were therefore not necessary. It was not until 1994 that the unanimity rule of 1947 was changed by referendum to the effect that a two-thirds majority is sufficient for changes by the Bremen citizenship.

The constitution was largely retained in its essential points. Changes to the constitution were made on

January 16, 1953, March 29, 1960, September 8, 1970, March 13, 1973, December 9, 1986, September 8, 1987, November 1, 1994, March 26, 1996, November 1, 1996, December 14, 1997, December 16, 1997, March 3, 1998, June 1, 1999, February 1, 2000, September 4, 2001, April 8, 2003, May 31, 2005, May 16, 2006 and September 12, 2009.

The following changes are worth mentioning:

  • In Article 2 1997 a. a. inserted that “no one may be disadvantaged because of their disability ” and that disabled people are “under the special protection of the state” . In order to ensure equality between women and men , the state obligation “for equal participation of the sexes in the state and society” , which “must be ensured through effective measures” . In addition, since then “efforts must be made to ensure that women and men are equally represented in bodies governed by public law” .
  • Since 1997, Article 11 says: "The state protects and promotes cultural life."
  • In 1986, Article 11a added “responsibility for the natural foundations of life” and the protection of “soil, water and air” and the economical and careful use of “natural resources and energy” and “native animal and plant species” became “priority tasks” “ Declared. In 1997, Article 11b called for “ animal welfare” and “avoidance of suffering” . To this end, in 1997, in Article 26, “education to be responsible for nature and the environment” was defined as a task.
  • in Article 36a “the maintenance and promotion of sport” .
  • In Article 21 on marriage and the family , registered civil partnerships in 2010 were fully equated with marriage in the sense of the article, i.e. in their meaning as the “basis of community life” and in the “right to the protection and promotion of the state” . Bremen is the first federal state to anchor equality of so-called gay marriage in its constitution.
  • Article 42 (2) stipulates that certain companies in the Free Hanseatic City of Bremen that are important for the infrastructure may only be sold on the basis of a law. Article 70, Paragraph 2, which has also been added, opens up the possibility of a referendum on this law.
  • In 1994, Articles 69 to 74, 76 and 87 redefined the rights for referendums and citizens' motion . In 2009 the subject of the referendum was expanded and the hurdles for the decision lowered.
  • In Articles 107, 110, 112, 114, 117 and 120, regulations were inserted in 2000 for state councils (e.g. as authorized representatives at the federal government, etc.), who have since been able to function as members of the Senate.
  • Article 125 has been in Article 125 since 1970 and has been amended since 1994. Provisions on ways to amend the Constitution.
  • Since 1998, articles 131, 131a, 132a and 133a contain a. new regulations for z. B. the possibility of a two-year budget , for borrowing or for the Court of Auditors (already 1994).

historical development

Since the Middle Ages, the basis of trade in the Hanseatic city of Bremen was initially the customary town law in connection with Hamburg town law, then the statutes of 1433, then changed by the New Concord of 1534 and finally the Kundige Rulle of 1756 (see in detail under Bremen town law ).

Constitutional discussion of 1814 and 1830

After the French Revolution , the liberal bourgeoisie in the German states also wanted their own constitution, based on the French model, with rules for the basic rights of citizens and for the separation of powers between the legislature, executive and court. In 1814 a draft was drawn up by a special constitutional deputation. However, only a Senate Election Act was passed in 1816 and new regulations were passed for the Citizens' Convention .
After the French July Revolution of 1830 a constitutional deputation was commissioned again. This discussion, too, did not lead to an agreement between the conservative Senate and the liberal bourgeoisie.

1849 Constitution

After the revolution of 1848/49 another constitutional discussion took place. A deputation was again appointed by the liberal citizens' convention . The then drafted constitution came into force in 1849, in which many of the desired rights (basic rights, separation of powers, influence of the citizens as Bremen's parliament) were realized. Corresponding municipal constitutions followed for Vegesack and Bremerhaven in 1850 .

Constitution of 1854

After the constitutional movement in the German states under Prussia's leadership was suppressed, a restorative electoral law was introduced as early as 1852, according to which men as citizens of Bremen can only be elected in eight classes , divided into scholars, merchants, traders, farmers and “other” citizens of Bremen , Bremerhaven, Vegesack and land area should take place. The cost of acquiring civil rights was also high; many members of the lower classes were therefore not eligible to vote. The citizenship elaborated a new constitution by 1854, which was based on the liberal constitution of 1849. It lasted until the end of the First World War .

1920 Constitution

After the November Revolution of 1918, there was briefly a Bremen Council Republic without a special constitution. In February 1919, the liberal bourgeoisie and the MSPD prevailed in a counter-revolution. A Bremen National Assembly was elected on March 9, 1919. This set up a constitutional committee, in which Senator Dr. Theodor Spitta had a great influence. The determined left with the USPD wanted a Socialist Free State with elements of a Soviet republic . The right was only for a limited parliamentarianism . The majority socialists (MSPD) and the liberal, bourgeois parties ( DDP , DVP ) prevailed with a parliamentary constitution that came into force on May 18, 1920. This constitution was valid until 1933. During the Nazi era, the constitution was repealed.

1947 Constitution

After the Second World War , based on the specifications of the British occupying power in 1946, a communal-oriented constitution with many elements of the constitution of 1920 was drawn up and approved by the citizens. In 1947 the USA became an occupying power in Bremen. A new constitutional deputation - again significantly influenced by Senator and Mayor Spitta and with the help of Karl Carstens - discussed Spitta's draft constitution. The differences of opinion on the school system and on co-determination in companies have been eliminated. After the approval of all parties - except the communists - this state constitution was passed by the citizens on September 15, 1947 and adopted by a referendum on October 12, 1947. It came into effect the following day after it was promulgated on October 21.

See also

literature

  • Bengt Beutler: The constitutional development in Bremen . In: Yearbook of Public Law of the Present . New series / Vol. 52, 2004, pp. 299–321.
  • Volker Kröning , Günther Pottschmidt, Ulrich Preuß, Alfred Rinken (eds.): Handbook of the Bremen Constitution . Baden-Baden 1991, ISBN 3-7890-2310-8 .
  • Heinzgeorg Neumann: The constitution of the free Hanseatic city of Bremen. Comment . Boorberg Verlag, Stuttgart, Munich, Hanover, Berlin, Weimar, Dresden 1996, ISBN 3-415-01842-3 .
  • Ingeborg Russ (Red.): 50 years of the state constitution of the Free Hanseatic City of Bremen. With law on the procedure for citizen applications and constitution for the city of Bremerhaven . Bremen 1998, ISBN 3-86108-625-5 .
  • Herbert Black Forest : The Great Bremen Lexicon . Edition Temmen, Bremen 2003, ISBN 3-86108-693-X .
  • Theodor Spitta : Commentary on the Bremen Constitution , Schünemann-Verlag, Bremen, 1947/1960.
  • Andreas Fischer-Lescano, Alfred Rinken a. a .: Constitution of the Free Hanseatic City of Bremen. Hand comment. Baden-Baden 2016.
  • Andreas Rehder: The Constitution of the Free Hanseatic City of Bremen from 1920 , Baden-Baden: Nomos, 2016, ISBN 978-3-8487-3274-6 .

Web links

Individual evidence

  1. ↑ joerg-hutter.de: Discrimination ban in the Bremen state constitution. Retrieved December 31, 2010.
  2. ↑ Article 21, Marriage and the Family. In: State Constitution of the Free Hanseatic City of Bremen. Transparency portal Bremen, accessed on April 15, 2016 .
  3. ↑ queer.de: Bremen protects gay marriage in the state constitution. August 15, 2010. Retrieved January 16, 2011.
  4. ↑ Law amending the state constitution of the Free Hanseatic City of Bremen of September 3, 2013. (PDF; 274 kB) (No longer available online.) In: Gesetzblatt der Free Hansestadt Bremen. Senate Chancellery Bremen, September 12, 2013, formerly in the original ; Retrieved September 14, 2013 .  ( Page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. @1@ 2Template: Toter Link / ssl.bremen.de   In force since September 13, 2013.