Saxon Constitution of 1831

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The medal for the introduction of the new constitution of 1831 shows the heads of King Anton and Prince-Co-Regent Friedrich August on the obverse .
Back of the constitutional medal from 1831.

The constitutional charter for the Kingdom of Saxony of September 4, 1831 is the first coherent formulated and comprehensive constitutional state law for Saxony. The constitution was in effect for 87 years, from 1831 to 1918. It provided for not a representative, but a state parliament, but a parliamentary business operation to participate in legislation. This made it possible to convert the feudalist Saxon social and state order into a capitalist one in a shorter time. This was based on freedom of occupation and trade, guaranteeing ownership of the means of production and private assets, freedom of movement and prohibition of arbitrariness in all areas of law. The first draft of the constitution was drawn up by Bernhard von Lindenau, who was based on the Baden constitution of 1818.

The replacement of the old-class constitution

The old constitution of Saxony, which has been in force since the Middle Ages, was summarized in 1728 in a state and committee agenda. It brought nothing more than the confirmation of the previous cumbersome, written forms of consultation between the three curiae of the counts and prelates, the knighthood, and the cities, which deliberated in different halls. The peasant class, comprising two thirds of the people, was also completely excluded from representation in the classes. Although constitutions had already been introduced in other medium-sized German states such as Bavaria and Baden (1818) and Württemberg (1819), there were hardly any demands for a constitution in Saxony before 1828. The elimination of palpable grievances was considered more urgent, such as dealing with the peasants, for whom the landlords ruined their farms, or the lack of responsible administration in the cities.

Early performances

In 1829 Albert von Carlowitz demanded in an article in the opposition newspaper Die Biene the introduction of an effective representation of the people and the equal distribution of public burdens based on the model of the constitutions of Bavaria and Württemberg. In April 1830 Otto von Watzdorf criticized the constitutional situation in Saxony in a memorandum: numerically strong classes were underrepresented, especially the rural residents. The larger cities would only be represented by unelected city councils at the meetings of the estates. The subjects owed only the amount of taxes that was not covered by the sovereign income. Sovereign income was the agricultural income from fiefs and property, from the regalia such as coin shelves, mountain shelves and Jewish protection shelves, and from customs duties and court fees. However, the stands could not determine the uncovered amount because they would not be presented with an overall national account. When it comes to legislation, the estates only have a consultative vote and cannot reject a legislative proposal. Watzdorf proposed a meeting of the estates with two chambers, a first for the former imperial nobility and the Saxon landlords, and a second with representatives of the cities, the manor owners and the rural residents. The principles of the constitution should be: budget law, ministerial responsibility, equal participation of the estates in legislation, freedom of the press and the abolition of newspaper licenses. The Secret Cabinet then accused Watzdorf of violating his feudal duties as a vassal of the sovereign and his duties as a state. Watzdorf left Saxony and entered the service of the neighboring duchy of Saxony-Coburg-Gotha. The oppressive taxes, the deterioration in the social situation of the craftsmen, journeymen, day laborers and other wage workers led to uprisings in Leipzig in September 1830 and shortly afterwards in Dresden. Because of their political and social neglect, the petty bourgeoisie began to participate.

Constitutional legislation

August Bernhard von Lindenau (1780-1854)

Thereupon an Immediatkommission under the chairmanship of Prince Johann gave the privy council of the kingdom the order to work out a state constitution. In a public announcement on October 5, 1830, a new secret cabinet under the new chief cabinet minister Bernhard August von Lindenau announced a profound change in the constitution and administration. Hans Georg von Carlowitz was commissioned to submit a first draft of the text to the Privy Council. On January 7th, Carlowitz submitted his draft to the Privy Council, which was largely based on the Baden and Württemberg constitution. A second, still anonymous, draft was attached to the draft, which was based almost entirely on the Baden constitution. This design came from Bernhard von Lindenau. The Secret Council preferred Lindenau's draft and submitted it to the estates on March 1, 1931. Since the process, which had not been open to the public since October 1830, the suspicion arose that the estates wanted to delay the process indefinitely by inaction. Thereupon the civil association, which emerged from the municipal guard in early 1831, commissioned its member, the lawyer Bernhard Moßdorf , to work out a draft constitution. Moßdorf then drew up a draft based on the Belgian model under the title: Constitution, as the Saxon people want it, which initially provided for the repeal of the resolutions of the German Confederation and then for Saxony to join a German state. The draft envisaged a single legislative chamber elected by citizens who pay taxes and are not wage earners. The aristocracy and manorial rule should be abolished, and basic rights should be granted about the scope of the Virginia Bill of Rights . Bernhard Moßdorf read the draft on April 15, 1831 in front of the citizens' association. Moßdorf was arrested and taken to Königstein Fortress. Bernhard von Lindenau came to the conclusion that it would be decided in May 1831 whether the fixed order would return or whether the mob rule proposed by Moßdorf would take its place. Metternich, State Chancellor of the presidential power of Austria of the German Confederation, saw it similarly: he instructed the Ambassador of Austria in Saxony to closely monitor the events. The usual pattern of a revolution can be seen. First, modest, legitimate demands would be made; then calls for complete reform. Then the radical forces emerged and ousted their liberal supporters. This is the moment of decision. In his experience, however, the Saxon government is weak. In any case, the neighboring monarchies can only tolerate measures that are compatible with the law of the German Confederation, which applies to the common territory. The draft of the Privy Council was quickly discussed in the stalls on its special admonition, with four editorial versions being produced by August 1831. Above all, the estates wanted tighter regulations on the property and income of the royal family. On September 4, 1831, the draft was signed by King Anton (1827–1836) and his co-regent Friedrich August II (1830–1836; 1836–1854) and presented to the Estates' deputies in the palace.

Saxony as a state of the German Confederation

First and foremost, the constitution reaffirmed Saxony's membership of the German Confederation, as agreed under international law. The sovereignty of Saxony, like that of all German states, was considerably restricted. The German Confederation, in which Austria and Prussia had the greatest influence, decided on war and peace. The Saxon constitution was not allowed to restrict the application of federal law or hinder its implementation. Federal law therefore came into force without the consent of the Assembly of Estates only by promulgation by the king and government. With the commitment to the German Confederation, Saxony was able to maintain the goodwill of Austria, which in the Peace of Pressburg had contributed to Saxony losing no more than two thirds of its territory and half of its population to Prussia.

State type: monarchy with a rural constitution

The type of state envisaged in the constitution was a monarchy with a country-class constitution. A parliamentary monarchy with a representative constitution was just as impossible as an absolute monarchy. The German Confederation demanded a state constitution in all states. According to the understanding of the Vienna Ministerial Conferences, which were dominated by Austria and Prussia, the entire state power had to remain united in the head of state, contrary to the principle of the separation of powers, and government action could not be made entirely dependent on the approval of the estates. Saxony was thus an unrestricted monarchy. The German Confederation, under the leadership of the presidential power Austria, could have taken action against a representative constitution based on popular sovereignty by means of federal execution; the last measure would have been military force. The constitution was a constitutional law that took precedence over all other laws, ordinances and unwritten administrative practices.

The state organs

The king

The king was head of state and owner of all state powers, legislative, executive and judicial powers. However, the king was not sole ruler, but exercised his state authority through his ministers. Royal bills, orders and orders had to be countersigned by the responsible minister in order to take effect. The minister was not only responsible to the king, but also to the assembly of estates. The judges were appointed by the king and government, but were independent in their administration and not subject to instructions. König was the first-born male descendant of a previous king from the Albertine royal family. If there were no more male descendants, the crown passed to the brother or nephew. If there was none, the crown passed to the closest relative princess. Her eldest son became her heir to the throne.

The government

The government consisted of five ministries, for justice, finance, home affairs, warfare, culture and foreign affairs. The ministers formed a cabinet called the General Ministry . The king himself or the minister appointed by him as chairman of the entire ministry could preside over the entire ministry. There was no Prime Minister or Prime Minister, although the Secret Council wanted this distribution of offices. The ministers were equally responsible to the king and the estates. The power of the government grew mainly from the fact that government actions by the king were ineffective without the countersignature of the specialist minister. The system of government replaced the previously confusing and slowly working administrative apparatus, which consisted of a secret cabinet, a secret council, a secret finance college and state government at the top.

The meeting of estates

The competence of the assembly of estates

Seat of the assembly of estates from 1831–1907

The assembly of estates was responsible for the enactment, repeal and amendment of laws. The assembly of estates had no right to submit its own bills to the king, but could only rule on bills submitted by the king and government. The rejection of a bill was possible either with a concurring resolution of the majority of the members in both chambers or with a ⅔ majority of those present in only one of the two chambers. To compensate for these restrictive regulations, however, each chamber could apply with the majority of its members to the king and government for the submission of government proposals. Both chambers could apply for constitutional amendments by mutual agreement, whereby ¾ of the members had to be present in each chamber and ⅔ had to vote for the application. The meeting of the estates was also responsible for the introduction and change of taxes, and the taking up of state loans. The meeting of estates could only reject the draft budget submitted by the King and the Ministry of Finance if there was a majority of ⅔ of those present in both chambers. In all other matters, the meeting of the estates had the right to submit applications to identify and remedy deficiencies in the administration. This right has been extensively exercised. The meeting of the estates was not a full parliament. In the legislation, there was more of a power to reject than a real obligation to consent. The meeting of the estates was not allowed to meet in its own right, but the king and government only had to convene it every three years. The king and government could also dissolve the second chamber. The assembly of estates was not a full parliament because it could neither elect nor vote out the government. In contrast, Moßdorf's draft provided for a full parliament, which the German Confederation would of course not have tolerated because the monarch would have become dependent not only in individual relationships but also on the estates as a whole.

The composition of the meeting of estates

The meeting of the estates consisted of two chambers with equal rights, which could approve or reject a submission by the king and government with the same resolution.

The first chamber

The first chamber consisted essentially of the members of the old estates of the prelates, counts and many individual lordships, the Hochstift Meissen, the Domstift Bautzen , and the large cities of Leipzig, Dresden, Bautzen, Pirna, Annaberg, Freiberg, Chemnitz and Plauen. In addition, the king and government had to appoint ten estate owners of larger estates. Twelve owners of medium-sized manors were elected by the owners of manors with voting rights. The first chamber had 41 members, plus the adult princes of the royal house. With the design of the first chamber, the constitution met the obligation under federal law to create a state constitution that preserved the prerogatives of the former imperial nobility and the old classes according to the state parliament order of 1728.

The second chamber

The second chamber consisted of the following classes: 20 delegates from the 966 manor owners, 25 delegates from the three larger and 137 smaller towns, 25 delegates from the peasant class, and 5 representatives from trade and manufacturing. The deputies were elected for nine years. In order to establish a rolling system like in the American House of Representatives, MPs were drawn at the beginning of the first session, whose term of office was only three or six years. The members of the second chamber did not vote according to their classes in their own curia, but as a plenary. This enabled a parliamentary business to arise. The second chamber only had a quorum when ⅔ of its members were present at the meeting.

The suffrage

Eligibility and voting procedures were based on the electoral law, which was presented to the old estates at the same time as the constitution, and which could only be changed again by the new estates meeting in the real approval process. In 1833 the primary voters for the Second Chamber made up about ten percent of the population.

The deputies of the manor owners

The male owners of the 966 manors included in a list were entitled to vote. The size and income of the manor were not decisive; even non-noble manor owners were entitled to vote. The manors were assigned to five districts according to their location. The districts had three to five members to elect. The election for each deputy in the constituency took place in a separate ballot. The elections took place directly without the intervention of electors. The elections were in writing. Only those who owned a manor in the constituency that granted a net income of at least 600 thalers could be elected as a member of parliament. Income from land that did not belong to the manor complex was not taken into account.

The deputies of the urban landowners

The residents with real estate in the three larger cities of Dresden, Chemnitz, Leipzig and the 137 smaller cities were entitled to vote for electors, who could elect 25 members to the second chamber. Landowners in the city who were not residents were not allowed to vote; Women and Jews were not eligible to vote. City councilors, city councilors, magistrates and judges in the city courts could vote even if they were not landowners. Clergymen, teachers and the administrators of properties of foundations and hospitals were on an equal footing with landowners. After the enactment of the Elementary School Act, the owners of permanent elementary school teachers were also entitled to vote as administrators of the school property. The 137 smaller cities were divided into 20 constituencies, each of which could elect one MP. Dresden and Leipzig could each send two MPs, Chemnitz only one. The deputies were elected by electors. Each of the smaller cities could choose one voter for every 25 eligible voters. All electors in a constituency were recorded on a list and convened by the state administration to a location in the constituency. There they voted with ballot papers until an absolute majority was found for a deputy. Anyone who was the owner of the property or who was on an equal footing could be elected as electoral man and who paid at least 10 thalers in property tax annually. Anyone who had been resident in the city for three years, either with a house or a net worth of 6,000 thalers, could be elected to represent the municipal landowners. City councilors, city councilors and city judges could be elected as deputies without any further requirements because they were presumed to have knowledge of urban conditions and an interest in the welfare of the city.

The deputies of the peasant class

The house owners residing there were entitled to vote outside the cities. Agricultural land next to the house property was not required; on the other hand, an agricultural property without a house did not entitle the owner to choose. Many peasants with a landownership were not eligible to vote because the properties they inhabited belonged to the manor complexes. The deputies were not elected directly but by electors. 25 rural constituencies were formed, each with a delegate to send. Electoral divisions with the normal number of 75 primary voters were set up in the electoral districts. Several small villages were grouped together in an electoral division. In larger villages, a double electoral division was set up for at least 150 primary voters and for two electors. With more than 120 eligible voters, surrounding villages could be added so that a double electoral division for 150 primary voters could be formed. Anyone who was entitled to primary election and paid at least ten thalers property tax could be elected to be the elector of his electoral department. It was calculated in a sharp way: ½ pfennig too little meant that the right to stand as an elector failed. Each electoral department should be presented with at least five eligible candidates, so that the next most taxed elector would move up as supplementary electors. The electors were elected with an absolute majority at the discretion of the election supervisor, either secretly with ballot papers or by an oral declaration taken on the record. Anyone who had his place of residence in the constituency and who ran agriculture or a factory business as their main trade could be elected as a member of parliament. In addition, he had to pay at least 30 thalers a year in property taxes. At least 50 men with passive voting rights should be presented in each constituency, so that the next most taxed persons would advance as supplementary candidates. Owners of manors could also be elected to the peasant class if they were resident outside the manor and farmed there. But they could not accept two mandates. The electors were convened at a place in the electoral district and elected the MP with an absolute majority.

The representatives of trade and manufacturing

The members of the trade and factory sector could elect their representatives through electors. Anyone who met the general electoral requirements and paid trade tax of at least 24 thalers a year was eligible to vote. Eligible voters were allocated to five electoral districts, each of which could elect one MP. There was one electoral district each for the Dresden and Bautzen districts, for the Leipzig trade stand, for the Leipzig factory and additional administrative districts, for the Chemnitz administrative district and other additional administrative districts, and an electoral district for the Zwickau administrative district. As a normal number, 10 primary voters chose an elector. No fewer than 18 and no more than 24 electors were allowed to be elected per constituency. Anyone who was actively entitled to vote was eligible to vote, even if he was not resident in the constituency. The election of the electors took place in a written, secret ballot of the voters who appeared at the place of voting. The electors, for their part, also elected the representatives of trade and factories in a written secret ballot with an absolute majority. Anyone who was entitled to vote could be elected as a member of parliament; he did not have to be in the constituency.

The course of business in the assembly of estates

General legislation

Bills were introduced by the king to the assembly of estates. The bills were drafted in the relevant ministry, submitted to the general ministry for voting by the specialist minister, accepted by the specialist minister with amendments and submitted to the king. This drew the bill and handed it back to the minister. The minister countersigned and thus assumed responsibility for the constitutional conformity and the expediency of the draft law. Then, at the discretion of the government, the draft was given to one of the two chambers of the Assembly of Estates. The drafts were first dealt with in a committee, which sought additional statements from the government and the MPs, and then submitted a report to the plenary session of the chamber. On the law, the MPs then voted as a plenary, not the classes in which the MPs were elected. Approval could be given in each chamber with a majority of votes; the first chamber had a quorum when half of the members were present; the second chamber if ⅔ of the members were present at the meeting. If differences of opinion emerged, the second chamber involved could return the submission to the first chamber, whose committee responsible then processed the proposed changes and passed them back to the second chamber. If the chambers did not come to a common result, they had to convene a joint mediation committee. If the mediation was unsuccessful, the meeting of the estates gave its own consent, unless at least one chamber ⅔ of those present voted against the bill. The second chamber therefore needed at least 34 votes to reject it. If approval was given with amendments to the bill, the king and government were not obliged to promulgate the law, but could introduce the bill several times. In addition, the king and government could dissolve the second chamber.

Budget law

The constitution did not provide for a full budget to be adopted. However, every three years the stands received a household account for the past and a needs calculation for the future. The rejection of a permit was just as difficult as rejecting a law: in one of the two chambers, the bill had to be rejected by a majority of von of those present. If the chambers had different opinions, a mediation committee had to be set up.

Foreign policy

The constitution did not provide for the participation of the assembly of estates in foreign policy. In order to avoid secret diplomacy and to secure the legislative right of the parliaments, modern constitutional thinking provides for the approval of the parliament for the conclusion and in some cases also for the termination of international agreements. Most of the competencies for foreign policy had already passed to the German Confederation, which was dominated by Austria and Prussia. The decision on war and peace, which had been with the old estates since 1458, was no longer mentioned in the constitution as a right of the new assembly of estates. Responsibility for this lay largely with the German Confederation and no longer with the Kingdom of Saxony.

The fundamental rights

A catalog of basic rights like in the Virginia Bill of Rights (1776) or the Constitution of Pennsylvania (1776) or in the Basic Law of the Federal Republic of Germany (1949) could not exist in the Saxon constitution, since the German Confederation only allowed a state constitution. Fundamental rights are based on the principle of popular sovereignty, the inalienable freedom of the individual, and equality before the law. The advocates of country constitutions considered these principles a harmful delusion. According to their basic conception, sovereignty lay with the princes as territorial lords. Only the members of individual classes or corporations could participate in state power, and only to the extent that essential rights of the territorial rulers were preserved. The class and legal differences between these classes and corporations were created by God himself and cannot be eradicated. Because of the increasing popularity of fundamental rights, they should nevertheless be mentioned in the constitution. Freedom of person and property, the right to freedom of occupation and trade, the right to emigration without deduction fees, freedom of religion for everyone with citizenship rights for Christians only, access to public office for Christians, and basic judicial rights were named. A law on press matters was also promised, which was supposed to determine the freedom of the press in principle. The Kingdom of Saxony could no longer dispose of this subject in 1831, because responsibility had been assigned to the German Confederation in 1819. In 1819, the German Confederation issued a Federal Press Act, which required the states to censor printed matter in advance, and which came into force in Saxony in the same year. The censorship regulations were summarized in 1836 to the effect that nothing may be printed that violates the security and dignity of the royal house, the German Confederation and its states, and especially that of their ruling heads. There was no mention of the right to freedom of expression, freedom of assembly and freedom of association. Fundamental judicial rights deviated from the catalogs of the Virginia Bill of Rights (1776), the United States Bill of Rights (1787), and the French Declaration of Human and Civil Rights (1789). But there was comprehensive legal protection against every act of state violence for those who believed their rights had been violated. For the first time it was recognized in a German constitution that not only the guarantee but also the judicial protection of fundamental rights is part of its realization. The judge was independent of the influence of the government and administration. Nobody could be tried in any other court than the one provided by law. Each judge had to provide his decision with a written statement of reasons. With these fundamental procedural rights, arbitrary justice could be prevented in some areas.

The State Court

A state court was set up with two tasks: firstly, it was responsible for disputes between the government and the estates if one of the two parties took or failed to take action and the other body saw its constitutional rights violated, or was of the opinion that the constitution was misinterpreted. He was also responsible for actions brought by the assembly of estates against individual ministers who, in their opinion, were guilty of violating the constitution. Upon a ministerial indictment, the State Court could remove the minister from office or express disapproval. The State Court consisted of a total of thirteen judges; a president appointed by the king and government, and composed of six judges who appointed king and government, and another six judges, three of whom were appointed by each chamber. In this respect, the Saxon constitution was more modern than the later constitution of the North German Confederation, the Bismarck Reich constitution and the Weimar constitution. These constitutions did not provide for a special constitutional court. Only the Basic Law established a constitutional court for many types of conflict cases. The meeting of the estates never made use of its right to sue.

Contemporary reactions after the entry into force of the Constitution

Because of its compromise character and its limits, the constitution was received ambiguously in Saxony. The constitution, which was highly expected, did not satisfy the modernizers, nor did the aristocrats. Later, the reaction to the new urban order (1832) based on the Prussian model, which gave the bourgeoisie a real share of political power, was friendlier. In Great Britain, however, it was praised that when the new constitution was being discussed, the rights of participation of the old estates would be preserved and that the new constitution would serve the needs of the citizens without neglecting the established principles.

Changes and replacement of the constitution and the electoral law

Seat of the assembly of estates from 1907–1918

In early 1848, the entire ministry feared that radical, democratic forces would proclaim the republic and take up arms. The king appointed a new cabinet to deal with the lifting of censorship, freedom of association and reform of the electoral law . In November 1848 the Second Chamber passed a new provisional electoral law: the First Chamber retained its rights, but universal and equal male suffrage was introduced for the Second Chamber. On December 15, 1848, a new Second Chamber was elected, in which the Democrats received a clear majority. These called for a reform of the constitution, including the abolition of the nobility. The King and Government dissolved the Second Chamber. Thereupon it was re-elected and this second chamber was also dissolved. In 1850, the king and government convened the penultimate meeting of the estates, which met on May 21, 1848 and was elected under the 1831 suffrage. This was a coup. Saxony, which took part in the German War on the losing side in 1866, had to join an alliance treaty with the victorious Prussia in October 1866 to establish the North German Confederation. The constitution of the North German Confederation came into force on July 1, 1867 and created a sovereign German nation-state in which Saxony was only a member state. Saxony was able to maintain its previous internal order, since the North German Confederation did not oblige the member states to adhere to a certain type of constitution. In 1868, a new electoral law repealed the class structure of the Second Chamber that had been in existence since 1850. In 35 urban and 45 rural constituencies, one member was elected secretly and without electors. When majorities emerged for Social Democratic MPs, a three-class suffrage based on the Prussian model was introduced in 1896, and only electors were allowed to be elected and not the MPs themselves. Every male eligible voter had a basic vote, to which up to four additional votes were granted depending on age, income and school education. Suffrage and popular representation remained in this unsatisfactory form until the end of the First World War. At the end of December 1918, the Council of People's Representatives - a revolutionary government - passed an ordinance on elections to the People's Chamber of the Republic of Saxony. On October 20, 1920, this People's Chamber passed the constitution of the Free State of Saxony from November 1, 1920.

Importance of the Constitution

Constitutional column Lieblingstal on Schullwitzbach near Dittersbach
Constitutional column in Zittau

Due to the second chamber and the electoral process, the new meeting of the estates rested on a broader basis than the previous, old estates meeting according to the regional and committee rules of 1728. It was able to recognize, weight and weigh up different interests. In parliamentary business operations, laws could be passed more quickly than by the curia of the old estates. The submission of a set of accounts on government revenues and government expenditures and a demand forecast allowed for the first time an insight into government needs and how they came about. After the constitution came into force, the most urgent legislative projects could be tackled. This included the General City Code (1832), which brought local self-government. A law initiated as early as 1830 on the replacement of the frones and other feudal burdens from the Middle Ages made farmers the owners of their land from 1832. From 1835 the judiciary was simplified and reformed. Due to a new elementary school law of 1835, eight years of compulsory elementary schooling were introduced for the first time, lessons were given regularly, and school children were exempted from child labor. In 1861 Saxony was the first German medium-sized state to introduce freedom of trade, through which the guilds lost their privileges and monopolies. The constitution of 1831 meant, despite its half-measures in terms of the right to vote and freedom of the press, an epochal boundary for Saxony between the medieval agricultural structure and the industrial society based on individual freedom.

literature

  • Karlheinz Blaschke : The Saxon constitution as an epoch boundary. In: Uwe Schirmer / André Thieme (eds.) Contributions to constitutional and administrative history. Selected essays by Karlheinz Blaschke. Leipzig 2002, pp. 575-586.
  • Karlheinz Blaschke: state estates, state parliament, parliament. 700 years of co-determination in the state of Saxony. In: Uwe Schirmer / André Thieme (eds.) Contributions to constitutional and administrative history. Selected essays by Karlheinz Blaschke. Leipzig 2002, pp. 229-254.
  • Heinrich Blümner (Hrsg.): Land and committee order of the Kingdom of Saxony from 1728 and general district council from 1821. Leipzig 1822.
  • Johann Friedrich Brückner: The Royal Saxon Electoral Law of September 24, 1831 and the ordinance, the execution of the same concerning May 30, 1836. Grimma 1831.
  • Werner Frotscher / Bodo Pieroth : Constitutional history. 14th edition, Munich 2015.
  • Reiner Groß : History of Saxony. 1st edition, Leipzig 2001.
  • Ernst Rudolf Huber : German constitutional history since 1789. Volume III: The struggle for unity and freedom 1830-1850. 3rd edition, Stuttgart a. a. 1988.
  • Hellmut Kretzschmar : The Saxon constitution of September 4, 1831. In: Woldemar Lippert (Hrsg.): New archive for Saxon history and antiquity. 52nd year, Dresden 1931, pp. 207–248.
  • Karl Heinrich Pölitz : The European constitutions since 1789 up to the most recent time. Volume 4. 2nd edition, Leipzig 1847.
  • Alexander Schlechte: The prehistory of the Saxon constitution of September 4, 1831, (also dissertation). Leipzig 1927.
  • Wolfgang Tischner: Anton 1827–1836. In: Frank-Lothar Kroll, The rulers of Saxony. Munich 2007, pp. 221-236.
  • Otto von Watzdorf : About the need to change the existing state constitution in the Kingdom of Saxony. Dresden 1830.
  • Caesar Dietrich von Witzleben : Development of the constitutional constitution of the Kingdom of Saxony. Dresden 1881.
  • Roland Zeise: The bourgeois upheaval. Center of proletarian party formation. In: Karl Czok (Ed.): History of Saxony. Weimar 1989, pp. 332-380.

Individual evidence

  1. ↑ Law collection for the Kingdom of Saxony from 1831 to 1stes 53stes piece Hofbuchdrucker CC Meinhold, Dresden, S. 241 Digitalisat
  2. ↑ Alexander Schlechte: The prehistory of the Saxon constitution of September 4, 1831 , (also dissertation). Leipzig 1927, p. 9.
  3. ↑ Alexander Schlechte: The prehistory of the Saxon constitution of September 4, 1831 , (also dissertation). Leipzig 1927, p. 5.
  4. ↑ Hellmut Kretzschmar: The Saxon Constitution of September 4, 1831. In: Woldemar Lippert (Ed.): New Archive for Saxon History and Archeology, 52nd year, Dresden 1931, pp. 207–248 [216.]
  5. ↑ Address of the Saxon people to their kind and beloved king ... In: Karl Ernst Richter (Ed.): Die Biene. Weekly notifications for Saxony and neighboring countries. No. 46, Zwickau 1829, p. 361ff.
  6. ^ Heinrich von Treitschke: German history in the nineteenth century, third volume. 1st edition, Leipzig 1885, p. 516. ( Edition from 1927, reprint 2015, p. 504 )
  7. ↑ Otto von Watzdorf: About the need to change the existing state constitution in the Kingdom of Saxony. Dresden 1830, p. 4.
  8. ↑ Otto von Watzdorf: About the need to change the existing state constitution in the Kingdom of Saxony. Dresden 1830, p. 5 f.
  9. ↑ Alexander Schlechte: The prehistory of the Saxon constitution of September 4, 1831 , (also dissertation). Leipzig 1927, p. 3.
  10. ↑ Otto von Watzdorf: About the need to change the existing state constitution in the Kingdom of Saxony. Dresden 1830, p. 7 f.
  11. ↑ Otto von Watzdorf: About the need to change the existing state constitution in the Kingdom of Saxony. Dresden 1830, p. 9.
  12. ↑ Otto von Watzdorf: About the need to change the existing state constitution in the Kingdom of Saxony. Dresden 1830, p. 12.
  13. ↑ Otto von Watzdorf: About the need to change the existing state constitution in the Kingdom of Saxony. Dresden 1830, p. 13.
  14. ↑ Otto von Watzdorf: About the need to change the existing state constitution in the Kingdom of Saxony. Dresden 1830, p. 14.
  15. ↑ Otto von Watzdorf: About the need to change the existing state constitution in the Kingdom of Saxony. Dresden 1830, p. 17.
  16. ↑ Otto von Watzdorf: About the need to change the existing state constitution in the Kingdom of Saxony. Dresden 1830, p. 14.
  17. ↑ Roland Zeise: The bourgeois upheaval. Center of proletarian party formation. In: Karl Czok (Ed.): Geschichte Sachsens , Weimar 1989, p. 333.
  18. ↑ Roland Zeise: The bourgeois upheaval. Center of proletarian party formation. In: Karl Czok (Ed.): Geschichte Sachsens , Weimar 1989, p. 333.
  19. ↑ Alexander Schlechte: The prehistory of the Saxon constitution of September 4, 1831 , (also dissertation). Leipzig 1927, p. 83.
  20. ↑ Reiner Groß: History of Saxony. 1st edition, Leipzig 2001, p. 203.
  21. ↑ Alexander Schlechte: The prehistory of the Saxon constitution of September 4, 1831 , (also dissertation). Leipzig 1927, p. 84
  22. ↑ Alexander Schlechte: The prehistory of the Saxon constitution of September 4, 1831 , (also dissertation). Leipzig 1927, pp. 85-87.
  23. ↑ Reiner Groß: History of Saxony. 1st edition, Leipzig 2001, p. 203.
  24. ↑ Roland Zeise: The bourgeois upheaval. Center of proletarian party formation. In: Karl Czok (Ed.): History of Saxony. Weimar 1989, pp. 332-380 [336].
  25. ↑ Hellmut Kretzschmar: The Saxon constitution of September 4, 1831. In: Woldemar Lippert (Ed.): New archive for Saxon history and antiquity. 52nd year, Dresden 1931, pp. 207–248 [244 f].
  26. ↑ Alexander Schlechte: The prehistory of the Saxon constitution of September 4, 1831 , (also dissertation). Leipzig 1927, pp. 98f, 104.
  27. ↑ Reiner Groß: Geschichte Sachsens , 1st edition, Leipzig 2001, p. 204.
  28. ^ 1 of the Saxon Constitution of September 4, 1831.
  29. ↑ Art 35 sentence 1 of the final act of the Vienna Ministerial Conference of May 15, 1820.
  30. ↑ Art 58 sentence 1 of the final act of the Vienna Ministerial Conference of May 15, 1820.
  31. ^ Ernst Rudolf Huber: German constitutional history since 1789. Volume III: The struggle for unity and freedom 1830-1850. 3rd edition, Stuttgart a. a. 1988, p. 82.
  32. ↑ § 89 sentence 2 of the Saxon constitution of September 4, 1831.
  33. ↑ Reiner Groß: History of Saxony. 1st edition, Leipzig 2001, p. 189 f.
  34. ↑ § 3 of the Saxon Constitution of September 4, 1831.
  35. ↑ Article 13 of the German Federal Act of June 8, 1815.
  36. ↑ Art 57 of the Final Act of the Vienna Ministerial Conference of May 15, 1820.
  37. ↑ Werner Frotscher / Bodo Pieroth: Constitutional History . 14th edition, Munich 2015, p. 219.
  38. ↑ Art. 5 of the German Federal Act of June 8, 1815.
  39. ↑ Art. 54, 60, 61, 31, 32 of the Final Act of the Vienna Ministerial Conference of May 15, 1820.
  40. ↑ § 154 of the Saxon Constitution of September 4, 1831.
  41. ↑ § 4 of the Saxon Constitution of September 4, 1831.
  42. ↑ § 43 sentence 2 of the Saxon constitution of September 4, 1831.
  43. ↑ § 41 sentence 1 of the Saxon constitution of September 4, 1831.
  44. ↑ Sections 44 and 47 sentence 1 of the Saxon Constitution of September 4, 1831.
  45. ↑ § 6 of the Saxon Constitution of September 4, 1831.
  46. ↑ § 7 of the Saxon Constitution of September 4, 1831.
  47. ↑ § 41 of the Saxon Constitution of September 4, 1831.
  48. ↑ Reiner Groß: Geschichte Sachsens , 1st edition, Leipzig 2001, p. 209.
  49. ↑ Caesar Dietrich von Witzleben: Development of the constitutional constitution of the Kingdom of Saxony. Dresden 1881, p. 199 f.
  50. ↑ § 41 sentence 1 of the Saxon constitution of September 4, 1831.
  51. ↑ § 43 sentence 1 of the Saxon constitution of September 4, 1831.
  52. ↑ Reiner Groß: History of Saxony. 1st edition, Leipzig 2001, p. 164.
  53. ↑ § 86 of the Saxon Constitution of September 4, 1831.
  54. ↑ § 128 sentence 1 and 2 of the Saxon constitution of September 4, 1831.
  55. ↑ § 92 of the Saxon Constitution of September 4, 1831.
  56. ↑ § 85 sentence 1, article 128 sentence 1 of the Saxon constitution of September 4, 1831.
  57. ↑ § 152 sentence 2 of the Saxon constitution of September 4, 1831.
  58. ↑ Section 96 of the Saxon Constitution of September 4, 1831.
  59. ↑ § 105 sentence 1 of the Saxon constitution of September 4, 1831.
  60. ↑ Section 103 (4) of the Saxon Constitution of September 4, 1831.
  61. ↑ Section 109 of the Saxon Constitution of September 4, 1831.
  62. ↑ § 118 of the Saxon Constitution of September 4, 1831.
  63. ↑ § 115 of the Saxon Constitution of September 4, 1831.
  64. ↑ § 116 of the Saxon Constitution of September 4, 1831
  65. ↑ Art. 53 of the Constitution, as it is desired by the Saxon people.
  66. ↑ Art. 13 of the German Federal Act of June 8, 1815 and Art. 54 of the Final Act of the Vienna Ministerial Conference of May 15, 1820.
  67. ↑ Art. 57 of the Final Act of the Vienna Ministerial Conference of May 15, 1820.
  68. ↑ §§. 61,62, 121 of the Saxon Constitution of September 4, 1831.
  69. ↑ § 86 of the Saxon Constitution of September 4, 1831.
  70. ^ Johann Friedrich Brückner: The Royal Saxon Electoral Law of September 24, 1831 and the ordinance, the execution of the same concerning May 30, 1836. Grimma 1831, p. 33.
  71. ↑ § 63 of the Saxon Constitution of September 4, 1831.
  72. ↑ Art. 13.14 of the German Federal Act of June 8, 1815 and Artt. 54, 55 of the Final Act of the Vienna Ministerial Conference of May 15, 1820.
  73. ↑ Section 71, sentences 2 and 3 of the Saxon constitution of September 4, 1831.
  74. ↑ Section 71, sentences 2 and 3 of the Saxon constitution of September 4, 1831.
  75. ↑ § 129 sentence 1 of the Saxon constitution of September 4, 1831.
  76. ↑ § 128 sentence 1 of the Saxon constitution of September 4, 1831.
  77. ↑ § 70 sentence 3 of the Saxon constitution of September 4, 1831.
  78. ↑ Johann Friedrich Brückner: Law on the election of the representatives to the meetings of the estates to be held in the future; of September 14, 1831, and the ordinance relating to its execution of May 30, 1836, with notes and additions. Verlags-Comptoir, Grimma 1837 digitized version , accessed on February 13, 2016
  79. ↑ § 77 sentence 3 of the Saxon constitution of September 4, 1831.
  80. ↑ Peter Burg: The bicameral system in the German federal states. In: HW Blom, WP Blockmans, H. de Schepper (eds.): Bicameralisme. Tweekamerstelsel vroeger en nu. Handelingen van de Internationale Conferentie ter situated heid van het 175-year bestaan ​​van de Eerste Kamer der Staten-Generaal in de Nederlanden. Sdu Uitgeverij, Den Haag 1992, pp. 291-297 [293].
  81. ↑ § 5 letter e of the Electoral Act of September 24, 1831.
  82. ^ Ordinance of November 6, 1832.
  83. ↑ Section 29 of the Electoral Act of September 24, 1831.
  84. ↑ Section 39 of the Electoral Act of September 24, 1831.
  85. ↑ § 3 of the Electoral Act of September 24, 1831.
  86. ↑ Section 41 of the Electoral Act of September 24, 1831.
  87. ^ Johann Friedrich Brückner: The Royal Saxon Electoral Law of September 24, 1831 and the ordinance, the execution of the same concerning May 30, 1836. Grimma 1831, p. 28.
  88. ^ Johann Friedrich Brückner: The Royal Saxon Electoral Law of September 24, 1831 and the ordinance, the execution of the same concerning May 30, 1836. Grimma 1831, p. 28.
  89. ↑ § 5 of the Electoral Act of September 24, 1831.
  90. ↑ § 18 of the Elementary School Act of June 6, 1835
  91. ^ Johann Friedrich Brückner: The Royal Saxon Electoral Law of September 24, 1831 and the ordinance, the execution of the same concerning May 30, 1836. Grimma 1831, p. 24.
  92. ↑ Section 45 of the Electoral Act of September 24, 1831.
  93. ↑ Section 44 of the Electoral Act of September 24, 1831.
  94. ↑ Section 53 of the Electoral Act of September 24, 1831.
  95. ↑ Section 62 of the Electoral Act of September 24, 1831.
  96. ↑ Section 70 of the Electoral Act of September 24, 1831.
  97. ↑ Section 55 of the Electoral Act of September 24, 1831.
  98. ↑ Section 56 of the Electoral Act of September 24, 1831.
  99. ↑ Section 60 of the Electoral Act of September 24, 1831.
  100. ^ Johann Friedrich Brückner: The Royal Saxon Electoral Law of September 24, 1831 and the ordinance, the execution of the same concerning May 30, 1836. Grimma 1831, p. 43.
  101. ↑ Section 76 of the Electoral Act of September 24, 1831.
  102. ↑ Section 75 of the Electoral Act of September 24, 1831.
  103. ↑ Section 74 of the Electoral Act of September 24, 1831.
  104. ↑ Section 79 of the Electoral Act of September 24, 1831.
  105. ↑ Section 79 of the Electoral Act of September 24, 1831.
  106. ↑ Section 81 of the Electoral Act of September 24, 1831.
  107. ↑ Section 82 of the Electoral Act of September 24, 1831.
  108. ↑ Section 83 of the Electoral Act of September 24, 1831.
  109. ^ Johann Friedrich Brückner: The Royal Saxon Electoral Law of September 24, 1831 and the ordinance, the execution of the same concerning May 30, 1836. Grimma 1831, p. 54.
  110. ↑ Section 83 of the Electoral Act of September 24, 1831.
  111. ↑ Section 93 of the Electoral Act of September 24, 1831.
  112. ↑ Section 91 sentence 2 of the Electoral Act of September 24, 1831.
  113. ↑ Section 7 of the Electoral Act of September 24, 1831.
  114. ↑ Section 95 of the Electoral Act of September 24, 1831.
  115. ↑ Section 96 of the Electoral Act of September 24, 1831.
  116. ↑ Section 21 of the Electoral Act of September 24, 1831.
  117. ↑ Section 2 of the Act on the Election of Representatives of the Trade and Manufacturing Industry; of March 7, 1839.
  118. ↑ Section 3 of the Act on the Election of Representatives of the Trade and Manufacturing Industry; of March 7, 1839.
  119. ↑ Section 6 of the Act on the Election of Representatives of the Trade and Manufacturing Industry; of March 7, 1839.
  120. ^ Karl Heinrich Pölitz: The European Constitutions since 1789 up to the most recent time. 2nd edition, Leipzig 1847. Volume 4, p. 80.
  121. ↑ § 2 of the Ordinance concerning the implementation of the law on the election of representatives of the trade and manufacturing sector; of March 7, 1839, also of March 7, 1839.
  122. ↑ Section 8 of the Act on the Election of Representatives of the Trade and Manufacturing Industry; of March 7, 1839.
  123. ↑ Section 5 of the Act on the Election of Representatives of the Trade and Manufacturing Industry; of March 7, 1839.
  124. ↑ Section 5 letter a of the Act on the Election of Representatives of the Trade and Manufacturing Industry; of March 7, 1839.
  125. ↑ Section 10 of the Act on the Election of Representatives of the Trade and Manufacturing Industry; of March 7, 1839 in conjunction with Sections 68, 69 of the Electoral Act of September 24, 1831.
  126. ↑ Section 10 of the Act on the Election of Representatives of the Trade and Manufacturing Industry; of March 7, 1839 in conjunction with Section 70 of the Electoral Act of September 24, 1831.
  127. ↑ Section 5 letter a of the Act on the Election of Representatives of the Trade and Manufacturing Industry; of March 7, 1839
  128. ↑ § 85 sentence 1 of the Saxon constitution of September 4, 1831.
  129. ↑ § 41 sentence 2 of the Saxon constitution of September 4, 1831.
  130. ↑ § 43 sentence 1 of the Saxon constitution of September 4, 1831.
  131. ↑ § 121 of the Saxon Constitution of September 4, 1831.
  132. ↑ § 123 of the Saxon Constitution of September 4, 1831.
  133. ↑ Sections 125, 126 of the Saxon Constitution of September 4, 1831.
  134. ↑ § 123 of the Saxon Constitution of September 4, 1831.
  135. ↑ § 129 sentence 1 of the Saxon constitution of September 4, 1831.
  136. ↑ § 128 sentence 1 of the Saxon constitution of September 4, 1831.
  137. ↑ § 130 of the Saxon Constitution of September 4, 1831.
  138. ↑ § 131 sentence 1 of the Saxon constitution of September 4, 1831.
  139. ↑ § 92 of the Saxon Constitution of September 4, 1831.
  140. ↑ Sections 94, 95 of the Saxon Constitution of September 4, 1831.
  141. ↑ § 116 sentence 1 of the Saxon constitution of September 4, 1831.
  142. ↑ § 98 of the Saxon Constitution of September 4, 1831.
  143. ↑ § 103 sentence 5 of the Saxon constitution of September 4, 1831.
  144. ↑ Sections 101, 131 of the Saxon Constitution of September 4, 1831.
  145. ↑ z. B. Art. 59 Paragraph 2 of the Basic Law of May 23, 1949.
  146. ↑ Art. 50 paragraphs 1 and 3 of the final act of the Vienna Ministerial Conference of May 15, 1820.
  147. ↑ Caesar Dietrich von Witzleben: Development of the constitutional constitution of the Kingdom of Saxony. Dresden 1881, p. 66.
  148. ↑ Art. 35 of the Final Act of the Vienna Ministerial Conference of May 15, 1820.
  149. ↑ Article 13 of the German Federal Act of June 8, 1815
  150. ↑ z. B. Declaration of Independence of the United States of America of July 4, 1776; Art. 3 of the French declaration of human and civil rights of August 26th, 1789.
  151. ^ Friedrich von Gentz, quoted from Werner Frotscher / Bodo Pieroth: Verfassungsgeschichte. 14th edition, Munich 2015, p. 124.
  152. ↑ § 27 of the Saxon Constitution of September 4, 1831.
  153. ↑ § 28 of the Saxon Constitution of September 4, 1831.
  154. ↑ § 29 of the Saxon Constitution of September 4, 1831.
  155. ↑ Sections 32, 33 of the Saxon Constitution of September 4, 1831.
  156. ↑ § 34 of the Saxon Constitution of September 4, 1831.
  157. ↑ § 35 of the Saxon Constitution of September 4, 1831.
  158. ↑ Art. 18 letter a of the German Federal Act of June 8, 1815.
  159. ^ Provisional provisions regarding freedom of the press of September 20, 1819.
  160. ↑ § 4 of the General Instructions for the Censors, Journal of Laws of the Kingdom of Saxony 1836, p. 290.
  161. ↑ Section 49 of the Saxon Constitution of September 4, 1831.
  162. ^ Ernst Rudolf Huber: German constitutional history since 1789. Volume III: The struggle for unity and freedom 1830-1850. 3rd edition, Stuttgart a. a. 1988, p. 83.
  163. ↑ § 47 of the Saxon Constitution of September 4, 1831.
  164. ↑ § 48 of the Saxon Constitution of September 4, 1831.
  165. ↑ Section 46 of the Saxon Constitution of September 4, 1831.
  166. ↑ § 153 of the Saxon Constitution of September 4, 1831.
  167. ↑ § 141 sentence 1 of the Saxon constitution of September 4, 1831.
  168. ↑ § 148 sentence 1 of the Saxon constitution of September 4, 1831.
  169. ↑ § 143 sentence 1 of the Saxon constitution of September 4, 1831.
  170. ↑ Article 93 of the Basic Law for the Federal Republic of Germany of May 23, 1949.
  171. ↑ Michael Haas: The Constitutional Court of the Free State of Saxony (also dissertation). Berlin 2004, p. 16.
  172. ↑ Roland Zeise: The bourgeois upheaval. Center of proletarian party formation. In: Karl Czok (Ed.): History of Saxony. Weimar 1989, pp. 332-380 [337/339].
  173. ↑ Hellmut Kretzschmar: The Saxon constitution of September 4, 1831. In: Woldemar Lippert (Ed.): New archive for Saxon history and antiquity. 52nd year, Dresden 1931, pp. 207–248 [231 f]
  174. ↑ Reiner Groß: History of Saxony. 1st edition, Leipzig 2001, pp. 224-226.
  175. ↑ Reiner Groß: History of Saxony. 1st edition, Leipzig 2001, p. 229.
  176. ↑ Roland Zeise: The bourgeois upheaval. Center of proletarian party formation. In: Karl Czok (Ed.): History of Saxony. Weimar 1989, pp. 332-380 [367].
  177. ↑ Reiner Groß: History of Saxony. 1st edition, Leipzig 2001, p. 233.
  178. ↑ Art. 11 para. 1 of the constitution of the North German Confederation of July 1, 1867.
  179. ↑ Reiner Groß: History of Saxony. 1st edition, Leipzig 2001, p. 240.
  180. ↑ Reiner Groß: History of Saxony. 1st edition, Leipzig 2001, p. 241.
  181. ^ Karlheinz Blaschke: State estates, state parliament, representative body. 700 years of co-determination in the state of Saxony. In: Uwe Schirmer / André Thieme (eds.) Contributions to constitutional and administrative history. Selected essays by Karlheinz Blaschke. Leipzig 2002, pp. 229-254, [242].
  182. ↑ Reiner Groß: History of Saxony. 1st edition, Leipzig 2001, p. 256 f.
  183. ↑ Reiner Groß: History of Saxony. 1st edition, Leipzig 2001, p. 205 f.
  184. ↑ Reiner Groß: History of Saxony. 1st edition, Leipzig 2001, pp. 210-212.
  185. ↑ Roland Zeise: The bourgeois upheaval. Center of proletarian party formation. In: Karl Czok (Ed.): History of Saxony. Weimar 1989, pp. 332-380 [371].
  186. ^ Karlheinz Blaschke: The Saxon Constitution as the boundary of the epoch. In: Uwe Schirmer / André Thieme (eds.) Contributions to constitutional and administrative history. Selected essays by Karlheinz Blaschke. Leipzig 2002, pp. 575-586 [586].

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