First constitution of the Kingdom of Prussia, promulgated by Frederick William IV in 1848
The 1848 Constitution of Prussia was imposed on the Kingdom of Prussia by King Frederick William IV on 5 December 1848 in response to demands that arose during the German revolutions of 1848–1849. Although the Constitution was not the result of an agreement between the King and the Prussian National Assembly as originally intended, it included a list of fundamental rights, the introduction of jury courts, limitations on the monarch's powers and a mandate to ensure legal certainty.
In spite of the liberal clauses in the Constitution, Prussia was still far from a democratic state. The king had an absolute veto over laws, which restricted the separation of powers. It was possible for the monarch to circumvent the judiciary, and the military could be described as a state within the state. All adult male citizens regardless of class had the right to vote, but the three-class franchise that weighted votes based on the amount of taxes paid significantly limited the political voice of the middle and lower classes.
Although amended many times, the basic framework of the 1848 Prussian Constitution remained in place until 1918, encompassing the periods when Prussia was part of the North German Confederation (1866–1871) and the German Empire (1871–1918).
Historical framework.
Article 13 of the 1815 Constitution of the German Confederation stipulated that each member state of the Confederation should have its own constitution "based on the ('estates' or 'diets' of the land). The drafting of a constitution for Prussia was delayed due to the opposition of the Prussian kings Frederick William III, whose constitutional promises of 1810 and 1815 remained unfulfilled, and Frederick William IV, who invoked his divine right.
The Constitution of 1848 was a reaction to the events of the revolutions of 1848–1849 in Germany in general and Berlin in particular. Until mid-March 1848, Prussia – in contrast to other German states and especially to France – was "caught up in the revolutionary movement only in subregions". In order to prevent a revolution, the King initially pursued a policy of small concessions to the liberal spirit of the times, including the promise made on 6 March 1848 to periodically convene the State Parliament.
On 18 March Berlin's democrats called for a large demonstration. Under the pressure of events, Frederick William IV granted freedom of the press, issued an edict for an "accelerated convening of the United State Parliament", and called for far-reaching liberal reforms. In spite of the concessions, the demonstration turned violent, and when Prussian soldiers intervened, a barricade battle ensued. The King was forced to announce on 19 March that after the barricades were removed, "all streets and squares are to be immediately cleared of troops".
In a proclamation of 22 March, the King promised far-reaching concessions. He instructed the Prussian National Assembly to submit a draft constitution for discussion. The Assembly was elected indirectly under the same electoral law that was used for the Prussian representatives to the Frankfurt Parliament: all men above the age of 24 in full possession of their civic rights and who were not on poor relief could vote for electors who in turn chose the representatives for the assembly. There was, however, little cooperation between the National Assembly and the Royal Prussian Ministry because of the different ideas that the two sides held. On 26 July the National Assembly nevertheless submitted its draft constitution, the so-called "Charte Waldeck", which among other things called for restricting the royal veto. It would have meant Prussia's transition to a constitutional monarchy, and, as "the King declare[d] to the Minister President ... 'he would never accept [it] under any conditions'".
Over the following months as the strength of the revolution waned, the influence of the reactionary forces around the King increased, as was shown by the appointment against the will of the National Assembly of conservative Count Friedrich Wilhelm of Brandenburg as successor to Minister President Ernst von Pfuel. On 9 November the National Assembly was adjourned "for its own safety" and moved to Brandenburg an der Havel.
On 5 December, after his government, especially Interior Minister Otto Theodor von Manteuffel, had significantly revised the previous drafts, King Frederick William IV unilaterally imposed a constitution that, to the surprise of the population, adopted many liberal positions and closely followed the Waldeck Charter. The National Assembly was then dissolved. After the election of the new Parliament, it and the King by mutual agreement amended parts of the 1848 document and re-issued it as the Prussian Constitution of 1850.
Provisions in the constitutional text.
"Note: in the references to the constitutional articles below, the first number refers to the 1848 Constitution," "the second to the 1850 version." "In some cases there are differences of detail between the articles, and there is not always an article in the1850 Constitution that corresponds to any in the first document."
Fundamental rights (Title II).
The fundamental rights of the Prussian Constitution of 1848 were exclusively civil rights. The conditions for acquiring and losing citizenship were determined by law – that is, not part of the Constitution itself (Art. 3 / 3). Article 9 / 10 prohibited the loss of civic rights by a judge's decision after a crime had been committed ("civil death").
The following rights – many with certain limited restrictions – were guaranteed:
In the event of "war or insurrection ... on a temporary and district basis", personal liberty, the inviolability of the home, the secrecy of correspondence, the right to a lawful judge, freedom of expression, freedom of the press, freedom of assembly, and the right of association in societies could be suspended on the basis of Article 110 / 111.
Legislature and chambers (Title V).
The 180 members of the first (upper) chamber of the Prussian Parliament, later called the House of Lords (), were men who had been citizens for at least five years and were over the age of 40. They were indirectly elected for 6-year terms by male Prussian citizens who were at least thirty years old and paid an "annual class tax of at least eight thalers, or proved ownership of real estate worth at least 5,000 thalers, or had an annual income of five hundred thalers". Provincial, district and county representatives served as electors (Art. 63 / _).
The second (lower) chamber, the House of Representatives (), consisted of 350 members who had to be at least 30 years old and to have been Prussian citizens for at least one year. Every "independent" (Art. 67 / 70) male Prussian citizen who did not receive poor relief was entitled to vote for them. An "Election Implementation Act" (Art. 73 / _) was to determine additional details of the election. The legislative period lasted three years (Art. 70 / 73). The deputies acted as "representatives of the whole people" (Art. 82 / 83).
The members of both chambers had a free mandate, meaning that they voted "according to their free conviction" (Art. 82 / 83). At the same time, they were obliged to "swear allegiance and obedience to the King and the Constitution" (Art. 107 / 108).
Legislation was the responsibility of the king and both chambers (Art. 60 / 62). Because the king took part in legislation, the principle of separation of powers was realized only to a limited extent, since he simultaneously held executive power (Art. 43 / 45) and had the right to appoint the judiciary (Art. 86 / 87).
Interdependence of powers (the right of one branch to intervene in another in order to exercise effective checks and balances) existed between the legislative and executive branches only to a limited degree, since ministers, although answerable to Parliament (Art. 58 / 60) were not dependent on it through appointment or dismissal. Per article 105 / 63, when the chambers were not in session, the king could "in urgent cases, under the responsibility of the whole Ministry of State [which was dependent on the king by dismissal (Art. 43 / 45)], issue decrees having the force of law", but the decree "must be submitted to the chambers for approval at their next meeting [which the king could postpone for 60 days by dissolving one or both chambers]" (Art. 49 / 51).
The king had to convene both chambers simultaneously. They were "opened, adjourned (for 30 days and only once per session), and closed" by the king alone; in addition, he could dissolve both chambers, or one chamber at any time, and have them reelected after a maximum of 40 days and reconvened after a maximum of 60 days (Art. 49 / 51). The chambers were required to be convened in November of each year (Art. 75 / 76).
Legislative initiative rested with the king and the two chambers (Art. 60 / 62). The same bill could be proposed only once per session (Art. 61 / 64). After being convened, the chambers decided on their own bills at the initiative of the president of the chamber or at least 10 members in a secret session, or they voted, according to the principle of absolute majority, on bills proposed by the king or the other chamber. To hold a vote, a majority of the members of a chamber had to be present (Art. 79 / 80). To enact a law, all three parties (the king and both chambers) had to agree (Art. 60 / 62). Both chambers and the king thus had what amounted to the right to veto new laws by withholding consent. The Constitution itself was amendable "through the ordinary channels of legislation" (Art. 106 / 107).
The chambers separately decided on the course of business and the rules of procedure as well as the election of the chamber's president, vice-president and secretary, and on decisions concerning members (Art. 77 / 78). They could also address writs to the king (Art. 80 / 81) and form commissions of inquiry (Art. 81 / 82).
To be valid, a law that was passed had to have been "promulgated in the form prescribed by law" (Art. 105 / 63 and 106). Promulgation of laws was the king's responsibility (Art. 43 / 45). Theoretically, by delaying a law's promulgation, the king could indefinitely postpone its binding force.
Executive and administration (Titles III, IV).
The supreme executive body was the king, who swore an oath to the Constitution at the beginning of his reign (Art. 52 / 54). The oath characterized post-1848 Prussia as a constitutional monarchy, although the preamble followed the absolutist claim to power: "We Frederick William, by the grace of God". The king had immunity: "The person of the king is inviolable" (Art. 41 / 43). The king had the right, without the involvement of either legislative chamber, "to declare war, make peace, and establish treaties with foreign governments" (Art. 46 / 48). The consent of the chambers was required for rule over a foreign country and for the conclusion of commercial treaties or other contracts that had an impact on or obligated the state or its citizens (Art. 46 / 48). Foreign policy was thus largely removed from parliamentary control. The king alone had the right to mint coins (Art. 48 / 50). The throne passed to the king's eldest son (Art. 51 / 53). Unless "provision has been made for both by a special law" beforehand, both chambers determined the regency and guardianship of the king in the event of his minority (under the age of 18) or his incapacity to govern (Art. 54–56 / 56–58).
Subordinate to the king were his ministers, over whose appointment, dismissal and number he could freely determine (Art. 43 / 45). Ministers were answerable to the chambers of Parliament and were obliged to provide information on appeals they received (Art. 80 / 81). Their presence could be requested by a chamber at any time, (Art. 58 / 60) and they were required to be heard by the chambers if they themselves requested it (Art. 58 / 60). They could be "indicted by resolution of a chamber for the crimes of constitutional violation, bribery or treason" (Art. 59 / 61). The Supreme Court decided on the charges.
The state's financial management and budget were subject to extensive parliamentary control. The budget was determined by law one year in advance (Art. 98 / 99). Since taxes and duties could be levied only by inclusion in the state budget or by law (Art. 99 / 100), their