Constitution of the state of Baden-Württemberg

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Basic data
Title: Constitution of the state of
Baden-Württemberg
Short title: State constitution
Abbreviation: BWVerf
Type: State Law
Scope: Baden-Württemberg
Legal matter: Constitutional law
References : BWGältV subject area 100
Issued on: November 11, 1953
( Journal of Laws p. 173)
Entry into force on: November 19, 1953
Last change by: May 26, 2020
(Journal of Laws p. 305)
Effective date of the
last change:
May 30, 2020
(By law of May 26, 2020)
Please note the note on the applicable legal version.
CDU poster calling for a referendum on the constitution

The constitution of the state of Baden-Württemberg was adopted by the state constitutional assembly on November 11, 1953 after the founding of the state of Baden-Württemberg on April 25, 1952 and entered into force on November 19, 1953 with a state ceremony in the Great House (opera house) of the Württemberg State Theater in force. Unlike other German state constitutions , it was not confirmed by a referendum . It replaced the constitutions of the states of Baden , Württemberg-Baden and Württemberg-Hohenzollern . From May 15, 1952, the law on the provisional exercise of state authority in the south-west German state , which the state constituent assembly had passed, was in effect for a transitional period .

The constitution of Baden-Württemberg has been amended 24 times since then, most recently by law of May 26, 2020.

Structure and content

The constitution consists of the preamble and two main parts, which in turn are divided into a total of 11 sections.

First main part: About man and his order

I. People and the state (Articles 1–3c)
II. Religion and religious communities (Articles 4–10)
III. Education and instruction (Articles 11-22)

The constitution does not contain its own catalog of fundamental rights , but instead declares in Art. 2 (1) the fundamental rights and civil rights laid down in the Basic Law for the Federal Republic of Germany to be part of the constitution.

However, individual basic rights are also mentioned:

  • the "inalienable human right to the homeland" (Art. 2 (2));
  • the right of every young person "regardless of origin or economic situation [...] to an education and training appropriate to their talents" (Art. 11 (1));
  • the right to free lessons and the free provision of learning materials ( freedom from learning materials ) in public schools (Art. 14 (2)).

Second main part: On the state and its orders

I. The foundations of the state (Articles 23-26)
II. The Landtag (Articles 27-44)
III. The Government (Articles 45-57)
IV. Legislation (Articles 58-64)
V. The administration of justice (Articles 65–68)
VI. The administration (Articles 69-78)
VII. Finance (Articles 79-84)
Final provisions (Articles 85-94)

The structure of the political institutions defined in this main part corresponds to a parliamentary system of government . The Prime Minister is elected by the Landtag and the government is dependent on the confidence of the Landtag. The Prime Minister also exercises the functions of a head of state .

The state parliament is a unicameral parliament .

With plebiscites and referendums both in the legislative process and with the aim of dissolving the state parliament, elements of direct democracy are provided, which, however, are of little significance in constitutional reality.

Like the Basic Law, the constitution contains an eternity guarantee , which extends to the principles of the republican , democratic and social constitutional state (Article 64). This also corresponds to the principle of homogeneity anchored in the constitution (Art. 28 (1) GG).

literature

  • Klaus Braun, Klaas Engelken: Commentary on the constitution of the state of Baden-Württemberg . 2 volumes, Richard Boorberg Verlag, Stuttgart et al. 1984–1997, ISBN 3-415-01044-9 (main volume), ISBN 3-415-02253-6 (supplement).
  • Paul Feuchte: Constitutional History of Baden-Württemberg . Verlag W. Kohlhammer, Stuttgart 1983, ISBN 3-17-008110-1 , ( publications on the constitutional history of Baden-Württemberg since 1945 1).
  • Paul Feuchte (Ed.): Constitution of the state of Baden-Württemberg. Comment . Verlag W. Kohlhammer, Stuttgart et al. 1987, ISBN 3-17-007989-1 .

Web link

Individual evidence

  1. ^ The state constitution. On November 19, 1953 the time had come: the constitution of the state of Baden-Württemberg came into force. Baden-Württemberg.de, accessed on April 13, 2020 .
  2. ^ Landesrecht-BW.de: History of amendments to the constitution of the state of Baden-Württemberg