Constitution of Prussia (1848)

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.

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".

[2] 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.

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",[3] 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".

[5] 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",[6] 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'".

[3] 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.

[8] 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.

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.

Article 9 / 10 prohibited the loss of civic rights by a judge's decision after a crime had been committed ("civil death").

The 180 members of the first (upper) chamber of the Prussian Parliament, later called the House of Lords (Preußisches Herrenhaus), were men who had been citizens for at least five years and were over the age of 40.

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 the right, without the involvement of either legislative chamber, "to declare war, make peace, and establish treaties with foreign governments" (Art.

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.

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.

They formed the foundations for subsidiarity (handling issues at the most immediate local level) in the Prussian state.

Under what conditions "the decisions of the municipal, district, county, and provincial assemblies [were] subject to the approval of a higher representative body or the state government" was determined by statute.

Consideration was to be given to the civil service status of public servants, and they were to be "afforded adequate protection against arbitrary deprivation of office and income" (Art.

The "fiefs of the throne" and "the royal house and princely entail" were an exception to the prohibition of such legal relationships.

Many rights of the former landlords were abolished without compensation, including judicial lordship (Gerichtsherrlichkeit), manorial police, hereditary servitude and "tax and trade charters" (Art.

The chambers were to "pass a resolution on whether the provisional amendments [as ordered by the king] were in accordance with the German Constitution" (Art.

"Whether another mode of election, namely that of the division according to certain classes ... is not preferable" was also posited for consideration for the time at which the Constitution was revised (Art.

[14] To justify his action, he referred to Article 105 / 63 of the Constitution, which allowed emergency decrees with the force of law: "If the Houses are not in session, decrees with the force of law may be issued in urgent cases under the responsibility of the entire Ministry of State, but they shall be submitted immediately to the Houses for approval at their next session."

"[15] The "Mannheim Petition" had summarized the basic demands that nearly all liberal and democratic-minded revolutionaries included in their programs.

The key points were an armed people, jury courts, a German parliament and freedom of the press,[16] all of which were to be guaranteed in a constitution.

[17] The simple existence of a constitution, even one with absolutist claims to rule, showed that Prussia had taken a major step towards the principle that governmental authority is derived from a body of law.

An armed populace was not adopted in the Constitution, although a citizens' militia and general conscription were introduced, not independently, however, but subject to military orders.