Bavaria 1808 Constitution

Part III. Of the Administration of the Kingdom

Article 1

The ministry shall be divided into 5 departments; foreign relations, justice, finance, interior and defense. The realms that each are concerned with shall be and remain determined by the Ordinances of the 25th of May 1801, the 29th of October 1806, and the 9th of May 1807. Several departments may be represented by one minister. The position of the state Secretary shall be occupied by each minister for his department; therefore all royal decrees must be signed by him, and only with this formality shall they be recognized as legally valid. The ministers shall be accountable to the King for the exact fulfillment of royal orders, as well as for any violations of the constitution occurring at their instigation or with their assistance. They shall provide the Monarch with a detailed annual report regarding the state of their department.

Article 2

A privy council shall be arranged to consult regarding the most important internal affairs of the Kingdom, which shall consist of 12 or 16 members at most, not including the ministers. The privy councilors shall be appointed by the King for one year initially, and shall not be considered permanent until after at least 6 years of service. The King and the heir to the Crown shall attend the assemblies of the privy council; during the attendance of both the oldest State minister present shall preside over the privy council. The privy council shall develop and discuss all laws and major ordinances in accordance with the fundamental laws. The ministers shall relate relevant information to the King, who in turn shall assign the privy council laws and major ordinances to discuss, with particular focus on laws entailing obligations or finance. The privy council shall decide all disputes of competence over court jurisdiction and administration, as well as whether an administrative officer shall or may be put on trial. In order to conduct business the privy council shall be divided into three sections: civil and disciplinary legislature, finance, and internal administration. Each section shall consist of at least 3 members, and shall prepare its business for reporting to the council assembly.

Article 3

The privy council shall only have an advisory vote in the exercising of its powers.

Article 4

At the head of every district there shall stand a royal general officer, who shall have at least 3 and at most 5 subordinate councilors for the district; furthermore every district shall have

  1. A general assembly, and
  2. A deputation

The general assembly shall be elected by the national representative body; the deputation shall be chosen by the King from the general assembly of the district, and shall

  1. Propose the necessary financial obligations to cover the local expenses, for which the funds shall be collected from the pension and tax officers for the requirements of the Kingdom. These funds must be spent exclusively with the same purpose for which they were originally determined, and must be separately incorporated into the annual financial budget.
  2. Bring the proposals and desires concerning improvement of the conditions in the district from the internal ministry to the King. The King shall appoint officers for positions in the general assembly for life; they shall be chosen out of the 400 landowners, salesmen, or factory owners of the area who pay the highest property taxes. There shall be 1 general assembly officer for every 1000 residents, and they shall meet every time a representative must be chosen or the King orders them to assemble. Their assemblies shall last no longer than 8 days. The King shall appoint the presidents as well as the officials for the duration of one or more sessions; the position of the president may also be conferred to the general officer of the district. One-third of the deputation of the district shall be replaced annually. The King shall appoint the new members from the deputies in the general assembly. The names of those resigning shall be determined by lottery. The deputation shall assemble annually for 3 weeks at the most. The time and place of the assembly shall be determined by the Monarch. The positions of the chairman and the secretaries shall be regulated as in the general assembly.

Article 5

The district courts shall be controlled by the local police with the supervision of the general officer, who shall obtain one or more police actuaries for this purpose. For each municipal and rural community a local administration shall be arranged.

Article 6

The income, taxes, and obligations of the Kingdom as well as the additional local taxes shall be collected by the pension offices and the other civil servants appointed for the collection of obligations.

Article 7

All administration officers, from the true counsels on, shall be subject to the regulations of the major ordinances of the 1st of January 1805 and the 8th of June 1807; however all future appointees shall only be seen as true civil servants when they have held an office that brings with it this right for at least 6 uninterrupted years. There shall be another appropriate ordinance enacted concerning the contribution benefits of the other royal servants and their widows.

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