Constitution

Baden 1818 Constitution

Part II. Civil and Political Rights of the Citizens of Baden and Specific Guarantees

Article 7

The civil rights of the citizens of Baden are the same in every respect, unless the constitution explicitly establishes an exception.

The Grand Ducal minister of State and all civil servants are responsible for precise adherence to the constitution.

Article 8

All citizens of Baden shall contribute to the public financial burdens, without distinctions. All exemptions from direct or indirect taxes are hereby reversed and shall remain as such.

Article 9

All citizens of the three Christian denominations have the same claim to all civil, military, and church offices.

All foreigners who we confer a State office shall immediately receive citizen status through this bestowal.

Article 10

Differences in birth and in religion are not reasons for exemption from obligatory military service, except for the exemption made in the Federal Act for families of the Estates.

Article 11

For the basic financial burdens and obligatory services and all of the charges originating from the abolished practice of serfdom, which have already been proclaimed redeemable, there shall be a law regulating the buying of these charges so as to ensure their appropriateness.

Article 12

The law from the 14th of August 1817, regarding the freedom to emigrate, shall be regarded as part of the constitution.

Article 13

The property and the personal freedom of all of the citizens of Baden are protected in the same way by the constitution.

Article 14

The courts are independent within the limits of their competence.

All findings regarding civil proceedings must come from ordained courts of law.

The Grand Ducal financial administration is authorized to take the right to legislation from the State courts in any conflicts originating from private law relations. No one can be forced to give his property for public purposes, except after the State ministry consults and makes a decision, and after preliminary compensation.

Article 15

From no person may his proper judge be withdrawn during a criminal proceeding.

No one may be imprisoned outside of lawful form, nor may he be detained for longer than twice 24 hours without being debriefed regarding the reason for his arrest.

The Grand Duke may soften or completely drop punishments that have already been determined; however he may not harden them.

Article 16

Asset confiscation shall be abolished.

Article 17

The freedom of the press shall be handled by the future regulations of the Federal Assembly.

Article 18

Every resident of the country shall enjoy unhindered freedom of conscience and the same protection shall be provided in consideration for the way in which he worships God.

Article 19

The political rights of the three Christian denominations shall be the same.

Article 20

The goods of the Church, the property goods, and the income of endowments, educational establishments and charity-related establishments may not be taken from their intended purpose.

Article 21

The endowments of both of the universities in the country and of other establishments of higher education shall remain undiminished, whether they are comprised of property goods and income or of grants from the general State treasury.

Article 22

Each liability taken from creditors by the side of the State is inviolable.

The institute of the amortization treasury shall be maintained in its current state.

Article 23

The powers that were bestowed upon the relatives of the Grand Duchy, former empire Estates, and immediate members of the former royal knightage though the Edict of the 23rd of April 1818 form a part of the State constitution.

Article 24

The legal relationships of civil servants are guaranteed through the constitution, in the way that the law of today has established them.

Article 25

The institute of secular and religious widows’ funds and fire insurance shall remain in their present state and shall be placed under the protection of the constitution.