Constitution of the Free State of Bavaria (1946)

FIRST PART. STRUCTURE AND FUNCTIONS OF THE STATE

SECTION I. FOUNDATIONS OF THE BAVARIAN STATE

Article 1 (1) Bavaria is a Free state. (2) The colors of the Land are white and blue. (3) The coat of arms of the Land is determined by law.

Article 2 (1) Bavaria is governed by the people. State power is vested in the people. (2) The people express their will by vote through elections and referenda. The majority decides.

Article 3 Bavaria is a constitutional, cultural, and social state. It serves the common welfare.

Article 4 The state power is exercised by the citizens who are qualified voters, by representatives elected by them, and by the executive authorities and judges directly or indirectly appointed by these representatives.

Article 5 (1) The legislative power belongs exclusively to the people and to their representatives. (2) The executive power is in the hands of the Cabinet and the subordinate executive authorities. (3) The judicial power is exercised by independent judges.

Article 6 (1) Nationality is acquired: 1. by birth; 2. by legitimation; 3. by marriage; 4. by naturalization. (2) A person may not be deprived of his nationality. (3) The details are regulated by a law on nationality.

Article 7 (1) Every national who is 21 years old is a citizen without distinction of birth, race, sex, faith, and vocation. (2) The citizen exercises his rights through participation in elections and by means of initiative and referendum. (3) The exercise of these rights may be made dependent on a maximum residence qualification of one year.

Article 8 All German nationals who have their domicile in Bavaria have the same rights and duties as Bavarian nationals.

Article 9 (1) The state territory is divided into Kreise (Regierungs bezirke); the boundaries are determined by law. (2) The Kreise are divided into Bezirke; cities which do not belong to a Kreis have the same status as Bezirke. The division is determined by a Cabinet ordinance having the force of law; for such an ordinance, the previous approval of the Landtag is required.

Article 10 (1) A Gemeindeverband is organized as the self governing unit for the territory of each Kreis and each Bezirk. (2) The area of jurisdiction of the Gemeindeverbände is determined by legislation. (3) Additional functions can be transferred by law to Gemeindeverbände which they shall perform in the name of the state. They execute these functions either according to the orders of the state authorities or independently by virtue of special provisions. (4) The economic and cultural life of the Gemeindever bände is to be protected.

Article 11 (1) Every portion of state territory is to be assigned to a Gemeinde. Certain uninhabited areas (ausmärkische Gebiete) constitute exceptions. (2) The Gemeinden are primary territorial public law corporations. They have the right of self-government and administration of their own affairs and especially of electing their Bürgermeister and representative bodies within the limits of the laws. (3) By law, additional functions may be transferred to the Gemeinden which they shall perform in the name of the state. (4) Self-government in the Gemeinden serves to build democracy in Bavaria from the bottom up. (5) For self-government in the Gemeinde the principle of equality of political rights and duties applies to all citizens residing therein.

Article 12 (1) The principles governing elections to the Landtag apply also to the Gemeinden and the Gemeindeverbände. (2) Under no circumstances shall the property of Gemeinden and Gemeindeverbände be taken over as state property. The alienation of such property is not permitted.

SECTION II. THE LANDTAG

Article 13 (1) The Landtag consists of the representatives of the Bavarian people. (2) The members of the Landtag are representatives of the people, not merely of a party. They are responsible only to their conscience and are not bound by instructions.

Article 14 (1) The members of the Landtag are elected in election districts and voting districts by all citizens who are qualified voters in a general, equal, direct and secret election according to an improved system of proportional representation. Each Kreis (Regierungsbezirk) constitutes an election district. Each Bezirk (Landkreis) and each city not belonging to a Kreis (Stadtkreis) and, in larger cities, each city district with an average of 60,000 inhabitants constitutes a voting district. (2) Every qualified citizen who is 25 years old is eligible for election. (3) The election takes place on a Sunday or public holiday. (4) Lists of candidates which do not poll at least ten percent of the votes cast in the election district receive no seats. (5) The details are determined by the election law of the Land.

Article 15 (1) Groups of voters whose members or supporters endeavor to suppress civil liberties or to use force against people, state or Constitution are not permitted to take part in the elections and referenda. (2) At the request of the Cabinet or of a political party represented in the Landtag, the Bavarian Constitutional Court decides if these conditions are present.

Article 16 (1) The Landtag is elected for four years. It convenes for the first time not later than the 15th day after the election. (2) The new election must take place not later than the expiration of the legislative period of the Landtag.

Article 17 (1) The Landtag convenes each year in the fall at the seat of the state government. (2) The President may convene it earlier. He must convene it if the Cabinet or at least one-third of the members of the Landtag so request. (3) The Landtag decides on the close of the session and the time of reconvening.

Article 18 (1) Before the expiration of its term the Landtag, by majority decision of the legal number of its members, can vote its own dissolution. (2) It may be dissolved by the Landtag President under the provisions of Article 44, paragraph (5). (3) Upon petition of one million citizens who are qualified voters it can be recalled by referendum. (4) The new election of the Landtag takes place not later than the sixth Sunday after its dissolution or recall.

Article 19 Membership in the Landtag is lost during the legislative period by resignation, invalidation of the election, subsequent change in the election returns, and loss of eligibility.

Article 20 (1) The Landtag elects from its members a Presidium consisting of a President, the deputies of the President, and the secretaries. (2) Between sessions, the Presidium conducts the routine business of the Landtag. (3) The Landtag establishes its own rules of procedure.

Article 21 (1) The President exercises all authority and police power on the Landtag premises. (2) He is in charge of the administration of the Landtag, has charge of its revenue and expenditures, and represents the state in all legal transactions and disputes of his administration.

Article 22 (1) Sessions of the Landtag are public. Upon motion of 50 members or the Cabinet, the public may be excluded from the discussion of a particular subject by a two-thirds majority of the members present. Upon request of the Cabinet, the public must be excluded for the time necessary to present reasons for the motion to exclude the public. The Landtag decides if and in what way such proceedings will be made public. (2) True reports concerning the proceedings in the public sessions of the Landtag or of its committees remain free from any responsibility unless the repetition of libelous remarks is involved.

Article 23. (1) The Landtag decides by a simple majority of the votes cast, insofar as the Constitution does not otherwise provide. (2) To constitute a quorum the presence of a majority of the members of the Landtag is necessary. (3) The exceptions provided in the Constitution remain unaffected thereby.

Article 24 (1) The Landtag and its committees can request the Minister-President and any minister or state secretary to appear before them. (2) The members of the Cabinet and persons commissioned by them have access to all sessions of the Landtag and of its committees. They must be heard at any time, even outside the regular order of business.

Article 25 (1) The Landtag has the right and, upon motion of one-fifth of its members, the duty to appoint investigating committees. (2) These committees and the authorities requested by them may, through appropriate application of the Code of Criminal Procedure, obtain all necessary evidence. In particular, they may summon, examine and swear in witnesses and experts and compel them to testify. The secrecy of letters, the mails, telephone and telegraph communications is not affected thereby. Judicial and administrative authorities are obliged to comply with the requests of these committees to obtain evidence. Upon demand, the records of authorities are to be submitted to the investigating committees. (3) The proceedings of the investigating committees are public; however, upon the demand of a two-thirds majority, the public is excluded. Article 22, paragraph (1), sentences 3 and 4 apply accordingly.

Article 26 (1) For the time when the Landtag is not in session, at the end of a legislative period, and after its dissolution or recall until the convening of a new Landtag, the Landtag appoints a Standing Committee to protect its rights with regard to the Cabinet and to transact urgent state business. This committee exercises the same functions as the Landtag except that it cannot impeach ministers or enact laws or deal with initiative petitions. (2) The provisions of Article 25 apply to this committee.

Article 27 No member of the Landtag may at any time be subject to judicial or disciplinary prosecution or in any other way held accountable outside of the assembly for his vote. Article 28 (1) During the sessions, no member of the Landtag may, without its permission, be summoned for investigation or arrested on account of a punishable act unless he has been arrested in the commission of the act or, at the latest, in the course of the following day. (2) The same permission is necessary if the member is restricted in his personal liberty in any other way and is thereby affected in the performance of his duties. (3) Any criminal proceedings against a member of the Landtag and any arrest or other limitation of his personal freedom shall be suspended upon demand of the Landtag, for the duration of the session. However, such a demand cannot be made if the member is accused of a non-political crime. The Landtag decides whether or not the case is of such a nature.

Article 29 (1) Members of the Landtag are authorized to refuse to give evidence about persons who have confided facts to them in their capacity as members or to whom they have confided facts in the performance of their duties as members, as well as about the facts involved. The seizure of documents of members of the Landtag is not permitted insofar as it relates to this right to refuse to give evidence. (2) Only with the permission of the President may an investigation or seizure occur on the premises of the Landtag.

Article 30 Members need no leave of absence from their employers for the exercise of their office as members of the Landtag.

Article 31 Members of the Landtag are entitled to free use of all state transportation facilities in Bavaria and to compensation for their expenses.

Article 32 (1) Articles 27 through 31 apply to the Presidium of the Landtag and to the members of the Standing Committee and their first deputies. (2) In cases under Article 28, the functions of the Landtag are exercised by the Standing Committee.

Article 33 The Landtag is responsible for the examination of the election returns. If the validity of an election is disputed, the Bavarian Constitutional Court decides. It also decides whether or not a member has lost his membership in the Landtag.

SECTION III. THE SENATE

Article 34 The Senate represents the social economic and cultural corporations and self governing units of the Land.

Article 35 The Senate consists of 60 members. It is composed as follows: 1. 11 representatives of agriculture and forestry; 2. 5 representatives of industry and trade; 3. 5 representatives of handicrafts; 4. 11 representatives of trade unions; 5. 4 representatives of the free professions; 6, 5 representatives of the cooperatives; 7. 5 representatives of religious societies; 8. 5 representatives of welfare organizations; 9. 3 representatives of institutions of higher education and academies; 10. 6 representatives of the Gemeinden and Gemeinde verbände.

Article 36 (1) The senators are elected by the respective public or private law corporations and on democratic principles; the representatives of religious societies are designated by such societies. (2) To be a senator, a person must be a citizen who is a qualified voter and 40 years old. (3) He shall be distinguished by integrity, expert knowledge, and experience.

Article 37 (1) The term of office of senators is six years. Every two years one third of the elected senators retire and a new election takes place. (2) Re-election is permissible.

Article 38 (1) Senators shall not at the same time be members of the Landtag. (2) The provisions of Article 27 through 31 apply accordingly to members of the Senate.

Article 39 The Senate may directly or indirectly through the Cabinet introduce motions and bills in the Landtag. The Cabinet must promptly present the Senate's motions and bills to the Landtag.

Article 40 At the request of the Cabinet, the Senate is to give advisory opinions on Cabinet bills. In all more important matters the Cabinet should secure this opinion. The Cabinet must do so with respect to budget legislation, constitutional amendments, and such laws as are submitted to referendum.

Article 41 (1) Prior to publication, laws passed by the Landtag are to be laid before the Senate for information. (2) Within one month, the Senate can make reasoned objections to a law passed by the Landtag and return it to the Landtag. If the Landtag has declared the law urgent, the time for Senate consideration is limited to one week. The Landtag dicedes whether it wishes to take account of the objections.

Article 42 Other provisions which are necessary, especially with respect to the election of senators, are determined by law. Pending the regular establishment of the corporations involved, this law has to provide that, in place of election by the corporations, election is by the Landtag, taking into consideration nominations of the corporations.

SECTION IV. THE CABINET

Article 43 (1) The Cabinet is the chief governing and executive authority of the state. (2) It consists of the Minister-President, the ministers, and the state secretaries.

Article 44 (1) The Minister-President is elected for four years by the newly elected Landtag and the election must take place not later than one week after the beginning of the session. (2) Every Bavarian who is qualified to vote and is 40 years old is eligible for election. (3) The Minister-President is free to resign from his office at any time. He must resign if the political situation makes cooperation between him and the Landtag impossible. The resignation of the Minister-President involves the resignation of the Cabinet. Until another election of a Minister-President has taken place, the Landtag President represents Bavaria in its external relations. During this interim, the Landtag President is not subject to recall by the Landtag. (4) Upon the resignation or death of the Minister-President during his term of office, the Landtag at its next session elects a new Minister-President for the remainder of the unexpired term. (5) If the new election does not take place within four weeks, the Landtag President must dissolve the Landtag.

Article 45 The Minister-President with the approval of the Landtag appoints and dismisses ministers and state secretaries.

Article 46 The Minister-President with the approval of the Landtag appoints the Deputy Minister-President from among the ministers.

Article 47 (1) The Minister-President is chairman of the Cabinet and directs its business. (2) He formulates the principles of policy and is responsible therefor to the Landtag. (3) He represents Bavaria in its external relations. (4) He exercises the right of pardon in individual cases. The execution of a death sentence requires approval by the Cabinet. (5) The Minister-President submits Cabinet bills to the Landtag.

Article 48 (1) If the public security and order is threatened, the Cabinet may restrict or suspend, initially for one week, the right of free public expression of opinion (Article 110), freedom of the press (Article 111), the secrecy of letters, the mails, telephone and telegraph communications (Article 112), and freedom of assembly (Article 113). (2) The Cabinet must simultaneously cause the Landtag to be convened, must immediately inform it of all measures taken, and, upon demand of the Landtag, must repeal them in whole or in part. If the Landtag with a majority of the legal members confirms the measures taken, their validity is extended another month. (3) Moreover, appeal to the Bavarian Constitutional Court against the measures taken is permitted; within a week, the Court must give at least an interim decision.

Article 49 (1) The business of the Cabinet is divided among the following ministries: 1. Interior, 2. Justice, 3. Education and Religion, 4. Finance, 5. Economics, 6. Agriculture Food and Forestry, 7. Labor and Social Welfare, 8. Transportation Post and Telegraph. (2) Ministers for special tasks, though not more than two, may also be appointed. (3) Upon proposal of the Minister-President and by decision of the Landtag, the number of ministries may be increased or decreased and their areas of jurisdiction differently allocated.

Article 50 (1) A department is assigned to each minister by the Minister-President. The Minister-President may reserve a ministry for himself. Temporarily the Minister President may himself take over several ministries or assign them to one minister. (2) In each ministry a state secretary is assigned for certain functions as deputy to the minister. The state secretaries have seats and votes in the Cabinet.

Article 51 (1) In accordance with the principles of policy laid down by the Minister-President, each minister directs his ministry independently and under his own responsibility to the Landtag. (2) The state secretaries are bound by the instructions of the ministers to whom they are assigned. If a minister is prevented from serving, the state secretary acts independently and under his own responsibility to the Landtag.

Article 52 In order to assist the Minister President and the Cabinet in the performance of their constitutional functions, a state chancellery is provided. The direction of it may be assigned to a special state secretary.

Article 53 The Cabinet establishes its own rules of procedure. In these rules, the allocation of functions among the various departments is regulated. Every function of state administration is allocated to a ministry.

Article 54 The Cabinet makes its decisions by majority vote of those voting. In case of tie, the Minister-President has the deciding vote. In order to constitute a quorum, the presence of a majority of the members is necessary. No member may refrain from voting.

Article 55 For the exercise of the functions of the Cabinet and the individual ministries, the following principles apply: (1) The state administration is conducted in accordance with the Constitution, the laws and the budget. (2) The Cabinet and the individual ministries are responsible for executing the laws and resolutions of the Landtag. For this purpose, they may issue the necessary executive and administrative orders. Decrees having the force of law which go beyond the limits of executive orders require special authorization by law. (3) The Cabinet decides on all bills to be submitted to the Landtag. (4) The Cabinet appoints the chief officials of the ministries and the heads of offices directly subordinated to the ministries. The other officials are appointed by the respective ministers or by authorities to whom they have delegated the power of appointment. (5) The entire state administration is subordinate to the Cabinet and to the respective ministries. Within the framework of the law, the state ministries are responsible for supervision of the Gemeinden and Gemeindeverbände, as well as other public law corporations and foundations. (6) Each minister exercises supervision over the authorities and officials within the area of his jurisdiction. (7) Each minister decides complaints against the administration within the area of his jurisdiction.

Article 56 Before their induction into office all members of the Cabinet take an oath upon the Constitution before the Landtag.

Article 57 The Minister-President, the ministers, and the state secretaries may not hold any other paid office or practice a profession or trade; they may not be members of a board of directors or executive committee of a private business company. An exception exists in the case of companies in which the state is assured of a preponderant influence.

Article 58 Cabinet members' salaries, pensions and provisions for their survivors are regulated by law.

Article 59 The Landtag is authorized to impeach the Minister-President, any minister or state secretary before the Bavarian Constitutional Court on the ground that they have willfully violated the Constitution or a law.

SECTION V. THE CONSTITUTIONAL COURT

Article 60 The Bavarian Constitutional Court is the supreme court for constitutional questions.

Article 61 (1) The Constitutional Court renders decision on impeachments brought against a member of the Cabinet or a member of the Landtag. (2) The impeachment against a member of the Cabinet is to be based on the fact that he has willfully violated the Constitution or a law. (3) The impeachment against a member of the Landtag is to be based on the fact that, with intent of selfish gain, he has misused his influence or knowledge as a member of the representative body in a manner which grossly endangers the reputation of the people's representatives, or that he intentionally communicated to another, with a view to making them public, matters which had been voted secret in a session of the Landtag or of one of its committees. (4) The impeachment is filed by the Landtag on motion of one third of the legal number of its members supported by a two thirds majority. Each member of the Cabinet or Landtag may initiate the impeachment proceedings against himself.

Article 62 The Constitutional Court decides on exclusions of groups of voters from elections and referenda (Article 15 paragraph 2).

Article 63 The Constitutional Court decides on the validity of election of members of the Landtag and the loss of member ship in the Landtag (Article 33).

Article 64 The Constitutional Court decides constitutional disputes between the chief state authorities or divisions thereof which, by the Constitution, have been given rights of their own.

Article 65 The Constitutional Court decides the constitutionality of laws (Article 92).

Article 66 The Constitutional Court decides complaints alleging violation of constitutional rights by any agency (Article 48 paragraph 3; Article 120).

Article 67 In addition, the Constitutional Court decides in special cases assigned to its jurisdiction by law.

Article 68 (1) The Constitutional Court is established in connection with the Highest Appellate Court in Munich. (2) The court is composed: a) in cases under Article 61, of the President of one of the highest Bavarian Appellate courts, eight professional judges of whom three belong to the Supreme Administrative Court, and ten additional members who are selected by the Landtag; b) in cases under Article 65, of the President and eight professional judges of whom three belong to the Supreme Administrative Court; c) in other cases, of the President, three professional judges of whom two belong to the Supreme Administrative Court, and five members elected by the Landtag. (3) The President and the professional judges are elected by the Landtag. They shall not be members of the Landtag or of the Senate.

Article 69 Additional provisions relating to the organization and procedure of the Court and the execution of its decisions are regulated by law.

SECTION VI. LEGISLATION

Article 70 (1) Orders and prohibitions binding on all require the form of a law. (2) The state budget must also be established by the Landtag through formal law. (3) The right of legislation shall not be delegated by the Landtag, not even to its committees.

Article 71 Bills are introduced by the Minister President on behalf of the Cabinet, by members of the Landtag, by the Senate, or by the people initiative petition.

Article 72 (1) Laws are voted by the Landtag or by people (referendum). (2) State treaties are concluded by the Minister President after previous approval by the Landtag,

Article 73 No referendum is permitted on the state budget.

Article 74 (1) A referendum must take place if one-tenth of the qualified voters files an initiative petition requesting the passage of a law. (2) The initiative petition must be accompanied by a complete draft of a bill with explanations. (3) The Minister-President in the name of the Cabinet and with a statement of the Cabinet's position must submit the initiative petition to the Landtag. (4) If the Landtag rejects the initiative petition, it may simultaneously submit its own bill to the people for decision. (5) Valid initiative petitions must be dealt with by the Landtag within three months after submission and must be referred to the people for decision within an additional three months. The expiration of these terms is suspended by a dissolution of the Landtag. (6) Referenda on bills initiated by the people ordinarily take place in the spring or autumn. (7) Each bill submitted to the people for decision must be accompanied by a statement of the Cabinet which concisely and objectively gives the reasons of the petitioners and the opinion of the Cabinet in the matter.

Article 75 (1) The Constitution shall only be amended through legislation. Proposals for constitutional amendments which violate the democratic principles of the Constitution are not admissible. (2) Decisions of the Landtag on amendments of the Constitution require a two-thirds majority of the number of members. They must be submitted to the people for decision. (3) The Bavarian Constitutional Court decides whether or not the Constitution is amended by a law and whether or not a proposal is an admissible amendment to the Constitution. (4) Amendments to the Constitution must be included in the text of the Constitution or in a supplement thereto.

Article 76 (1) Laws passed in compliance with the Constitution are signed by the Minister-President and are upon his order published within a week in the Bavarian Official Gazette. (2) Each law must determine the date on which it will go into effect.

SECTION VII. ADMINISTRATION

Article 77 (1) The organization of the general state administration, the regulation of areas of jurisdiction, and the form of appointment of state agencies are determined by law. The details of the establishment of agencies is the duty of the Cabinet and of the individual ministries on the basis of Cabinet authorization. (2) In order to avoid all unnecessary centralization, while maintaining the necessary unity of administration, the rule for the organization of the agencies and the regulation of their procedure shall be based on the principle that the power of decision and the self-responsibility of the agencies are stressed and the rights of the individual person are adequately guaranteed.

Article 78 (1) All state revenue and expenditures must be estimated for each year and incorporated in the budget. (2) Expenditures which are necessary to cover the costs of already approved existing establishments and to fulfill the legal obligations of the state must be included in the budget. (3) The budget is established by law prior to the beginning of the fiscal year. (4) If the budget is not promptly voted by the Landtag, the Cabinet then continues to conduct the administration in accordance with the budget of the previous year. (5) Decisions of the Landtag which increase the expenditures proposed in the draft of the budget are, upon request of the Cabinet, to be debated once more. Without the approval of the Cabinet, the debate may not take place before the expiration of 14 days. (6) As a rule, expenditures are voted for one year but in special cases also for a longer period.

Article 79 A matter which causes expenditure for which no corresponding appropriation is included in the budget as adopted, may be debated and voted by the Landtag only if necessary funds are simultaneously provided.

Article 80 For the purpose of relieving the Cabinet from further financial responsibility, the Minister of Finance in the following fiscal year presents to the Landtag the accounts showing the use of all state revenue. The audit is conducted by an Audit Board with judical independence. The details are determined by law.

Article 81 The Grundstockvermoegen of the state may be reduced in value only on the basis of a law. Proceeds from its sale must be used for reinvestment.

Article 82 Only for extraordinary requirements may funds be procured by use of credit. All borrowing and lending of money or giving of collateral by the state which extends over more than one year requires authorization by law.

Article 83 (1) The self-government of the Gemeinden (Article 11, paragraph 2) particularly includes the administration of municipal property and enterprises; local transportation including street and road construction; supply of the population with water, light, gas and electric power; insurance of the food supply; local planning, housing construction and its supervision; local police, fire protection and care for local cultural matters; elementary and vocational schools and adult education; guardianship and welfare care; local health; marriage and motherhood counseling and infant care; school hygiene and physical training of youth; public baths; burial of the dead; maintenance of monuments and buildings of local historical interest. (2) The Gemeinden must establish budgets. They have the right to meet their financial requirements by public levies (taxes, imposts, fees). (3) When state functions are delegated to Gemeinden the necessary financial means must at the same time be made available. (4) Gemeinden are subject to supervision by state agencies. In matters within the sphere of self-government of Gemeinden, state supervision is limited to insuring that the Gemeinden fulfill their legal obligations and comply with the legal provisions. In matters pertaining to functions delegated by the state, the Gemeinden are, in addition, subject to the instructions of the superior state agencies. The state protects the Gemeinden in the exercise of their functions. (5) Administrative disputes between Gemeinden and the state are decided by the administrative courts. (6) The provisions of paragraphs 2 through 5 apply also to Gemeindeverbände.

SECTION VIII. ADMINISTRATION OF JUSTICE

Article 84 The generally recognized principles of international law are valid as part of the law of the Land.

Article 85 Judges are subject only to the law.

Article 86 (1) Extraordinary courts are forbidden. No one may be deprived of his lawful judge. (2) Courts for special subjects are permitted only on the basis of law.

Article 87 (1) Only by force of judicial decision and only for such reasons and in such manner as is prescribed by law shall judges, against their will, be permanently or temporarily removed from office, transferred to another position, or retired. An age limit determined by law is permitted. (2) Judges of the ordinary courts are appointed for life.

Article 88 The people, men and women, shall participate in the administration of justice. Their participation and the method of their selection is determined by law.

Article 89 The public prosecutors in criminal courts are bound by the instructions of their superior authorities,

Article 90 Proceedings in all courts are public. In case the safety of the state or public morality is endangered, the public may be excluded by decision of the court.

Article 91 (1) Everyone is entitled to a legal hearing in court. (2) Any person accused of a criminal act may avail himself of a counsel for his defense.

Article 92 If a judge deems a law to be unconstitutional, he must transfer the decision to the Constitutional Court.

Article 93 Controversies of administrative law are decided by the administrative courts.

SECTION IX. OFFICIALS

Article 94 (1) Officials of the state, Gemeinden, and Gemeindeverbände are elected by the people or appointed by the competent authorities pursuant to the provisions of the laws. (2) Public offices are open to all citizens qualified to vote, according to their character, merit, and fitness which, as far as possible, are determined by competitive examination. The same principles apply to the promotion of officials.

Article 95 (1) The basic principles concerning the status of officials are regulated by law. The professional public service is in principle maintained. (2) For the protection of their financial claims public officials have recourse to the ordinary courts. (3) Complaint and re-opening of the proceedings must be provided against any disciplinary penalty. (4) Unfavorable facts may be entered in the personnel records of the official only if the official has been given an opportunity to be heard on such facts. The statement of the official is to be noted in the personnel records. (5) Each official has the right to inspect all his personnel records at any time.

Article 96 Officials are servants of all the people, not of a particular party. The official must at all times give allegiance to the democratic constitutional state and must support it inside and outside of the service.

Article 97 If an official in the exercise of the public authority entrusted to him, violates his official duties towards third parties, the state or other public corporation in whose service he is employed, is liable for the consequences. Recourse against the official remains reserved. Resort to the ordinary courts may not be excluded.

SECOND PART. FUNDAMENTAL RIGHTS AND DUTIES

Article 98 The fundamental rights guaranteed by the Constitution may not in principle be restricted. Restrictions by law are permitted only if public safety, morality, health and welfare urgently require. Other restrictions are permitted only under the conditions set forth in Article 48. The Constitutional Court must declare laws and decrees invalid which unconstitutionally restrict a fundamental right.

Article 99 The Constitution serves to protect the spiritual and physical well-being of all the inhabitants. International law guarantees the protection of the inhabitants against attacks from without; the laws, the administration of justice and the police guarantee their protection against attacks from within.

Article 100 In legislation, and the administration of government and justice, the dignity of the human person must be respected.

Article 101 Within the limits of the laws and morals, every one is free to do whatever does not injure others.

Article 102 (1) Freedom of the person is inviolable. (2) Every person arrested by public authority must, not later than the day after the arrest, be brought before the competent judge. The judge must notify the person arrested by what agency and on what grounds the arrest has been ordered, and must give the arrested person opportunity to raise objections against his arrest. The judge must either issue a warrant against the person arrested or must immediately release him.

Article 103 (1) The right of property and inheritance is guaranteed. (2) Property and its use must also serve the common welfare.

Article 104 (1) An act is punishable only if it was declared punishable by law before the act was committed. (2) No one may be punished twice through court action for the same act.

Article 105 Foreigners, who, in disregard of the fundamental rights laid down in this Constitution, have been persecuted abroad and have fled to Bavaria may not be extradited or expelled. Article 106 (1) Every resident of Bavaria is entitled to a suitable dwelling. (2) The furthering of the construction of inexpensive homes for the people is a function of the state and of the Gemeinden. (3) The dwelling of each person is sacred and inviolable.

Article 107 (1) Freedom of religous faith and conscience is guaranteed. (2) The undisturbed exercise of religion is protected by the state. (3) The enjoyment of civil and civic rights is neither determined nor limited by religious domination. Civic duties must not be prejudiced thereby. (4) Eligibility to public office is independent of religious creed. (5) No one is obliged to disclose his religious convictions. The authorities have the right to inquire as to membership in a religious society only insofar as rights and duties are dependent thereon or a legally prescribed statistical census so requires. (6) No one may be compelled to perform a religious act or to take part in religious exercises or ceremonies or to use a religious form of oath.

Article 108 Art, science and its teaching are free.

Article 109 (1) All residents of Bavaria enjoy complete freedom of movement. They have the right to reside and settle in any place of their own choice, to acquire real estate, and to carry on any line of business. (2) All residents of Bavaria have the right to emigrate to foreign countries.

Article 110 (1) Every resident of Bavaria has the right to express his opinion freely by word, writing, printing, picture or in any other way. No labor or employment contract may hinder him in exercising this right and no one may discriminate against him for making use of this right. (2) It is the duty of the state and of the Gemeinden to combat vulgarity and pornography.

Article 111 (1) It is the duty of the press to serve the democratic idea by truthful reports of the events, conditions, institutions and personalities of public life. (2) Pre-censorship is prohibited. Judicial decision can be invoked against police orders which affect the freedom of the press.

Article 112 (1) The secrecy of letters, the mails, telegraph and telephone communications is inviolable. (2) Restrictions on radio listening and the acquisition of publications are inadmissible.

Article 113 All residents of Bavaria have the right to assemble peacefully and unarmed without notification or special permission.

Article 114 (1) All residents of Bavaria have the right to form associations and societies. (2) Associations and societies which have illegal or immoral purposes or use illegal or immoral means or whose object is to destroy civil liberties or to use force against people, state or Constitution may be forbidden. (3) Any association is free to acquire legal status according to the provisions of the Civil Law.

Article 115 All residents of Bavaria have the right to send written petitions and complaints to the competent authorities or to the Landtag.

Article 116 In keeping with their qualifications and fitness all nationals without distinction are eligible to public office.

Article 117 The undisturbed enjoyment of liberty for everyone is dependent upon all fulfilling their duty of loyalty to the people, the Constitution, the state and the laws. All must respect and obey the Constitution and laws, take part in public affairs, and use their physical and mental faculties in such a manner as the common welfare requires.

Article 118 (1) All are equal before the law. The law binds everyone in the same manner and everyone enjoys the equal protection of the law. (2) Men and women have in principle the same civic rights and duties. (3) All public law privileges or disabilities of birth or class are abolished. Titles of nobility are permitted only as part of the name. They shall no longer be bestowed or acquired through adoption. (4) Titles shall only be bestowed in connection with an office or occupation. They shall not be used outside of the office or occupation. Academic degrees do not come under this prohibition. (5) Decorations and badges of honor may be bestowed by the state only in accordance with the laws.

Article 119 It is forbidden and punishable to kindle racial and national hatred.

Article 120 Every resident of Bavaria who deems his constitutional rights violated by an agency may appeal to the Bavarian Constitutional Court for protection.

Article 121 All residents of Bavaria are obliged to assume honorary offices especially those of guardian, member of an orphans' welfare board, juvenile welfare guardian, lay judges and jurors. Details are determined by law.

Article 122 In case of accidents, emergencies and catastrophes of nature, and as good neighbors, all have the duty of rendering mutual assistance pursuant to the provisions of the laws.

Article 123 (1) All are charged with bearing their share of public expenditures in proportion to their income and property and with due regard to the maintenance of their family obligations. (2) Consumption taxes and property taxes must stand in an appropriate relationship to each other. (3) The inheritance tax also serves the purpose of preventing the accumulation of huge fortunes in the hands of individuals. The inheritance tax is to be gradated according to the degree of relationship.

THIRD PART. COMMUNITY LIFE

SECTION I. MARRIAGE AND FAMILY

Article 124 (1) Marriage and the family are the natural and moral foundation of human society and come under the special protection of the state. (2) Husband and wife have in principle equal civil rights and duties in marriage.

Article 125 (1) Healthy children are the most precious asset of a people. Every mother is entitled to the protection and care of the state. (2) The maintenance of the purity, health and social wellbeing of the family is the common function of the state and of the Gemeinden. (3) Families with many children are entitled to suitable care, especially to healthy dwellings.

Article 126 (1) Parents have the natural right and the highest duty to educate their children to fitness in body, mind and soul. Therein they are to be supported by the state and by the Gemeinden. In matters of personal education, the will of the parents is decisive. (2) Children born out of wedlock have the same claim to assistance as children born in wedlock. (3) Youth is to be protected against exploitation and against moral, mental and physical neglect by measures and institutions of the state and the Gemeinden. Compulsory welfare measures are permitted only on the basis of law.

Article 127 The special right of religious societies and of ideological societies which are recognized by the state, to an appropriate influence in the education of the children of their denomination or ideology is guaranteed, without prejudice to the educational rights of the parents.

SECTION II. EDUCATION AND SCHOOLS

Article 128 (1) Every resident of Bavaria is entitled to receive an education corresponding to his recognized abilities and inclinations. (2) In case of necessity, the attendance of gifted students at schools and institutions of higher education is to be made possible by public funds.

Article 129 (1) Attendance at elementary and vocational schools is compulsory for all children. (2) Instruction in these schools is free.

Article 130 (1) The entire educational and school system is under the supervision of the state; the state may allow the Gemeinden to participate. (2) School supervision is exercised by full-time, professionally trained officials.

Article 131 (1) The schools shall not only develop knowledge and ability but also character and will. (2) The highest objectives of education are reverence for God, respect for religious convictions and the dignity of the human person, self-control, consciousness of and willingness to assume responsibility, readiness to help others, and receptiveness to everything true, good and beautiful. (3) Pupils are to be educated in the spirit of democracy, in love for the Bavarian homeland and for the German people, and in the meaning of the reconciliation of nations. (4) In addition, girls are to be especially instructed in the care of infants, education of children and household management.

Article 132 The manifold character of life's occupations will govern the organization of the school system; the acceptance of a child in a particular school will depend on his talents, inclination, fitness and aptitudes, but not on the economic and social position of his parents.

Article 133 (1) Public institutions are to provide for the education of youth. The state and the Gemeinden cooperate in the establishment of such institutions. The recognized religious and ideological societies are also agencies for providing education. (2) Teachers in public schools have in principle the rights and duties of state officials.

Article 134 (1) Private schools must fulfill the same requirements as public schools. They may be established and operated only with the approval of the state. (2) Approval is to be given if the private schools, in their teaching objectives (Article 131) and facilities, as well as in the scientific training of their teachers, are not inferior to similar public schools, if the economic and legal position of the teachers is sufficiently secure, and if there are no objections against the person of the school principal. (3) Private elementary schools shall be permitted only under special conditions. This is particularly so if there is no public school of their denominational or ideological belief available to the parents or legal guardians.

Article 135 (1) Public elementary schools are either denominational or non-denominational. Parents and legal guardians are free to choose the type of school. However, non-denominational schools are to be established only in places with a population of mixed religious faiths upon the application of the parents or legal guardians. (2) In denominational schools only such teachers will be employed as are qualified and willing to instruct and educate according to the principles of the denomination concerned.

Article 136 (1) School instruction will respect the religious feelings of all. (2) Religious instruction is a regular part of the curriculum of all elementary, middle and higher schools. It will be given in accordance with the principles of the religious society concerned. (3) No teacher shall be compelled to give religious instruction or be prevented from giving it. (4) To give religious instruction, teachers require the authorization of the religious society concerned. (5) The necessary school rooms are to be placed at their disposal.

Article 137 (1) Participation in religious instruction, acts and ceremonies is left to the decision of the parents or legal guardians; after 18 years of age, the decision is left to the students. (2) Instruction in the generally recognized principles of morality is to be organized for students who do not take part in religious instruction.

Article 138 (1) The establishment and administration of institutions of higher education is a function of the state. Church universities constitute an exception (Article 150, paragraph 1). Further exceptions require state approval. (2) The institutions of higher education have the right of self-government. Students enjoy this right insofar as it concerns their affairs.

Article 139 Adult education is to be promoted through university and extension courses and other institutions supported with public funds.

Article 140 (1) Art and science are to be fostered by the state and the Gemeinden. (2) In particular they shall provide funds for the support of creative artists, scholars and writers who give evidence of serious artistic or cultural activity.

Article 141 (1) The monuments of art, history and nature as well as the landscape enjoy the public protection of the state, the Gemeinden and the public law corporations. Desecrated monuments of art and history are, as far as possible, to be restored to their former condition. The transfer of German objects of art to foreign countries is to be prevented. (2) The German forest, characteristic local and landscape scenery and native types of plants and animals are, as far as possible, to be preserved and maintained. (3) Everyone is permitted to enjoy the beauties of nature, to have recreation in the open air, and especially to hike in forest and mountain meadow, to go boating on lakes and streams, and to gather wild forest fruits in accordance with local custom. The state and the Gemeinden have the right and duty to maintain free access for the public to the mountains, lakes, rivers and other beauties of the landscape, and, if necessary, to provide for such access by limitations on private property, and to lay out paths for hiking and parks for recreation.

SECTION III. RELIGION AND RELIGIOUS SOCIETIES

Article 142 (1) There is no state church. (2) Within the framework of generally valid laws, there is no limitation on freedom of association for common religious devotions in the home, for public worship, for forming religious societies as well as for the union of such religious societies within Bavaria. (3) Churches and recognized religious societies as well as such ideological societies whose endeavors do not contradict laws of general validity are free from state interference. They independently regulate and administer their affairs within the limits of laws binding upon all. They fill their offices without the concurrence of the state or the Gemeinden.

Article 143 (1) Religious and ideological societies acquire legal status according to the provisions of the civil law. (2) Churches and recognized religious societies remain public law corporations insofar as they have been such until now. Other recognized religious societies as well as such ideological societies whose endeavors do not contradict the generally valid laws are, after five years of existence and upon application, to be given the same rights. (3) Churches, religious and ideological societies which are public law corporations may levy taxes on the basis of the public tax lists.

Article 144 (1) In the performance of their official duties. the clergy enjoy the protection of the state. (2) Every public defamation of religion, its institutions, its clergy and members of orders in their capacity as servants of religion is prohibited and punishable. (3) Clergymen cannot be held liable by courts or other authorities for information about facts which were entrusted to them in their capacity as clergymen.

Article 145 (1) Contributions of the state or of the Gemeinden to the religious societies which rest upon law, agreement or other legal title are continued in force. (2) New voluntary payments of the state, the Gemeinden and Gemeindeverbände to religious societies will be financed by surtaxes on the state taxes and levies on the members of such religious societies.

Article 146 The property rights and other rights of religious societies, religious associations, orders, congregations and ideological societies to their institutions, foundations and other property used for worship, instruction and welfare purposes are guaranteed.

Article 147 Sundays and holidays recognized by the state remain legally protected as days of spiritual edification and rest from work.

Article 148 As far as there is need for worship services and religious ministrations in hospitals, prisons or other public institutions, religious societies are permitted to exercise religious functions but without any compulsion to attend or participate.

Article 149 (1) The Gemeinden shall make arrangements so that every deceased person can be decently buried. The religious societies have to decide for themselves as to the nature and extent of their cooperation. (2) In cemeteries which are designated for particular religious societies, the burial of one of another faith is to be permitted under the forms customary for that society and without separation from the rest of the graves, if another suitable burial place is not available. (3) Furthermore, the inter-denominational use of churches and cemeteries is governed by existing law unless amendments are made by law.

Article 150 (1) Churches have the right to educate and train their clergy at church universities. (2) The theological faculties of the universities will be maintained.

FOURTH PART. ECONOMY AND LABOR

SECTION I. THE ECONOMIC ORDER

Article 151 (1) All economic activity serves the common welfare and in particular guarantees to everybody a dignified human life and a gradual raising of the standard of living of all levels of the people. (2) Within the framework of these purposes, there is freedom of contract pursuant to the provisions of the laws. Freedom for the development of personal initiative and for the independent activity of individuals in the economy is recognized in principle. The economic freedom of the individual is limited by respect for one's fellow-men and for the moral requirements of the common welfare. Legal transactions which are harmful to the common welfare and immoral, especially all contracts of economic exploitation, are illegal and void.

Article 152 The state will supervise the orderly production and distribution of economic goods for the purpose of supplying the people with the necessities of life. The regulation of the supply of electric power to the Land is the task of the state.

Article 153 In legislation and administration, the independent small and medium-sized enterprises in agriculture, handicrafts, trade, commerce and industry must be furthered and protected against excessive charges, debts and absorption. Their endeavors to insure their economic freedom and independence as well as their development through cooperative self-help must be supported by the state. The rise of capable persons from a state of dependency in their work to independent existence must be furthered.

Article 154 The economic self-governing units elected on a democratic basis from within the vocational associations participate in the solution of economic problems. The details are determined by law.

Article 155 For the purpose of satisfying the economic requirements of all the inhabitants as equally as possible and with due regard for the vital interests of the independent, productively active forces of the economy, special areas of supply may be designated by law for which public law corporations shall be established on a cooperative basis. Within the limits of the laws, they have the right of self-government.

Article 156 The merger of enterprises for the purpose of building up economic power and monopoly is not permitted. In particular, cartels, combines and price agreements which aim at the exploitation of the broad masses of the population or the annihilation of persons belonging to the independent middle class, are prohibited.

Article 157 (1) The accumulation of capital is not an end in itself but a means for the development of the economy of the people. (2) The system of money and credit serves for the creation of goods and the satisfaction of the needs of all the inhabitants.

SECTION II. PROPERTY

Article 158 Property carries obligations to the community. Obvious misuse of the right of property or possession enjoys no legal protection.

Article 159 The right of eminent domain shall be exercised only in cases prescribed by law and with appropriate compensation which may be granted in the form of an annuity. In cases of dispute as to the amount of the compensation, appeal may be made to the ordinary courts.

Article 160 (1) Ownership of sub-soil resources which are of great significance to the general economy, important sources of power, railroads and other transportation and communication facilities, water, gas and electric works, belongs as a rule to public law corporations or cooperatives. (2) Means of production which are vitally important to the community, and large banks and insurance companies are to be transferred to common ownership if the common welfare so requires. The transfer is accomplished on the basis of law and with appropriate compensation. (3) If it suits the economic purpose, commonly-owned enterprises may be administered under the legal forms of private business organizations.

Article 161 (1) The distribution and use of land is supervised by the state. Misuses shall be corrected. (2) Increases in the value of land, which have been created without special investment of labor or capital by the owner, shall be made available to the general public.

Article 162 Intellectual works, the right of the author, the inventor and the artist enjoy the protection and care of the state.

SECTION III. AGRICULTURE

Article 163 (1) Free use of the soil is guaranteed to all. The peasant is not bound to the soil. (2) Agricultural and forest property, regardless of size, serves the whole of the people. (3) The peasant's landed property is guaranteed. (4) The land of the peasant is not to be alienated from its prescribed purpose. The acquisition of land used for agriculture and forestry is to be made dependent on proof of one's ability to manage it properly; it may not solely serve capital investment. (5) Expropriation of agricultural and forest land is only permitted with appropriate compensation and for urgent purposes of the common welfare, especially for settlements, at the same time preserving model and experimental farms as well as possible.

Article 164 (1) Through the application of technical advances to their daily life, the improvement of vocational training, the development of agricultural cooperatives and the promotion of production and marketing, a dignified human life on the land of their fathers shall be guaranteed to the agricultural population. (2) An appropriate agricultural income shall be assured through a price and wage policy corresponding to general economic conditions and through marketing regulations. Agreements between organizations of producers, distributors and consumers shall be based on these considerations. Article 165 Excessive indebtedness of agricultural enterprises shall be avoided by legislation as much as possible.

SECTION IV. LABOR

Article 166 (1) Labor is the source of the people's wealth and is under the special protection of the state. (2) Everyone has the right through work to gain an adequate livelihood. (3) Pursuant to the provisions of the laws, everyone has the right and duty to choose a vocation which corresponds to his ability and training and serves the common welfare.

Article 167 (1) Human labor as the most valuable economic asset of a people is protected against exploitation, occupational dangers and other injuries to health. (2) Exploitation which endangers health is subject to punishment in the same way as bodily injury. (3) Violation of provisions for protection against dangers and injuries to health in enterprises is punishable.

Article 168 (1) Every honorable type of work has equal moral value and is entitled to appropriate compensation. Men and women receive the same wages for the same work. (2) Income acquired without work by people able to work is subject to special taxes pursuant to the provisions of the laws. (3) Every resident of Bavaria who is unable to work or for whom no work can be provided has the right to assistance.

Article 169 (1) For each branch of an occupation minimum wages may be established which make possible to the worker and his family a minimum standard of living corresponding to the given cultural conditions. (2) Collective agreement on working conditions between employer and employee associations are binding on the members and may, if the public interest so requires, be made binding on all.

Article 170 (1) Freedom of association for the protection and advancement of labor and economic conditions is guaranteed to everyone and to all occupations. (2) All agreements and measures which attempt to restrict or hinder freedom of association are illegal and void.

Article 171 Within the limits of the laws, everyone has the right to security against the vicissitudes of life through an adequate system of social insurance.

Article 172 The rights and duties of employees and employers are regulated by a special law.

Article 173 Special provisions will be enacted by law on daily and weekly maximum hours of labor.

Article 174 (1) All persons gainfully employed have a right to recreation. This is in principle guaranteed by a free week-end and by a yearly vacation with pay. Special conditions in certain occupations are regulated by law. Loss of wages due to legal holidays must be compensated. (2) May First is a legal holiday.

Article 175 In all economic enterprises, persons gainfully employed have the right to participate in matters affecting them and in all undertakings of considerable importance, they have direct influence on the policy and management of the business. For this purpose, works councils are formed pursuant to the provisions of a special law. This law also contains provisions for the participation of the works councils in the appointment and dismissal of employees.

Article 176 All persons gainfully employed participate in the solution of economic problems as qualified members of the economy equal to all others.

Article 177 (1) Labor disputes are decided by labor courts which consist of an equal number of employees and employers and an independent chairman. (2) Arbitral awards in labor disputes may be declared binding on all by the state Cabinet in accordance with existing laws.

FIFTH PART. FINAL AND TRANSITIONAL PROVISIONS

Article 178 Bavaria will join a future German democratic federal state. It shall rest on a voluntary union of the individual German states whose own constitutional status is to be Safeguarded.

Article 179 The social, economic and cultural corporations, economic self-governing units and organizations of producers, distributors and consumers, mentioned in this Constitution (Articles 34, 36, 154, 155, 164), are not public authorities and shall not exercise any public powers. Compulsory membership therein is not permitted.

Article 180 Pending the establishment of a democratic German federal state, the Bavarian Cabinet, so far as it is absolutely necessary and with the approval of the Bavarian Landtag, is authorized to transfer jurisdiction of the Bavarian state in the fields of foreign relations, economics, food, finance, and transportation and communications to the council of the Ministers-President of the states of the U.S. Zone or to other joint German agencies of several states or zones.

Article 181 The right of the Bavarian state, within the limits of its competence, to conclude state treaties remains unaffected.

Article 182 The state treaties formerly concluded, especially the treaties with the Christian Churches of 24 January 1925, remain in force.

Article 183 All who have been wronged by national socialist despotism on account of their religious or political belief or conduct, or on account of their race, have, within the limits of the laws, claims to indemnification.

Article 184 The validity of any laws directed against national socialism and militarism or which are intended to abolish their consequences are not affected or limited by this Constitution.

Article 185 The former Kreise (Regierungsbezirke) with their seats of government will be restored as soon as possible.

Article 186 (1) The Bavarian Constitution of 14 August 1919 is repealed. (2) Other laws and ordinances temporarily remain in force insofar as they are not in conflict with this Constitution. (3) Official regulations which were issued in the customary legal manner on the basis of former laws remain in force until repealed by subsequent laws or regulations.

Article 187 All officials and employees in the public service must take an oath on the Constitution.

Article 188 Before the completion of the period of compulsory school attendance, every pupil receives a copy of this Constitution.