History of state and law of foreign countries. Prussian Constitution of 1850 (most important)

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History of state and law of foreign countries. Prussian Constitution of 1850 (most important)

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Prussian Constitution of 1850

Constitution made by the National Assembly Prussia (1849), contained some elements of “liberalism”, and therefore the king Friedrich Wilhelm IV demanded a revision. It was decided to convene a new assembly, elected according to a special system, by two-stage and open elections.

This system was called curial because the voters - all men of a certain age - are divided into three "classes" - curia.

The first two curiae are the major Taxpayers. All other voters are included in the latter. Each curia chooses the same number of electors.

Thus the first two curiae, numerically an insignificant handful, elected two-thirds of the electors. The share of the last, multi-million curia remained only one third.

The elections gave the desired result to the government; of the 350 members of the Assembly, 250 were officials. New Prussian constitution (1850) became, as was to be expected, the constitution of a triumphant counter-revolution. The concessions made to the bourgeoisie were negligible.

Constitution 1850 BC created two chambers with legislative power. The lower of the chambers was elected, the upper was composed (by royal decree of 1854) of the princes of the blood, princes, and also of other peers appointed by the crown (Art. 62-68).

В 1852 BC the Prussian court decided to turn it into a fully appointed one - for life or hereditarily. At the request of the king, Bismarck, as minister, defended this plan and achieved its adoption. (1853).

The legislative power of the chambers was paralyzed by the absolute veto of the king. According to the latter, the essence of the constitution 1850 BC was not to create a new governmental system now or at some future time, but to prevent "arbitrary changes in the status quo" by means of "three vetoes" - both chambers and a decisive royal one.

In addition to an absolute veto on the decisions of the chambers, the constitution provided the Prussian king with legislative initiative. He remained the undisputed head of the executive branch. The king was not forbidden to dissolve parliament (Landtag) as many times as he saw fit and when he saw fit.

Government ministers were not accountable to the Landtag, a vote of no confidence was not terrible for them. They didn't know what collective responsibility was. Their real head was the king, he appointed and dismissed them (v. 44).

Constitution 1850 BC not devoid of some declarations about the equality of citizens before the law, freedom of speech, assembly, unions, personal inviolability. At the same time, everything was done to ensure that these freedoms remained imaginary.

The right to freedom of assembly, for example, was limited and subject to the condition: only indoors (art. 29). Behind this strange demand was a simple trick: to prevent those who do not have enough money to rent a room. In repeal of the old law, according to which no educational institution could be opened without the permission of the government, the constitution proclaimed the freedom of education.

Sheathed in parliamentary forms, the Prussian constitution remained in its content the constitution of an absolute monarchy.

Thus, the king, who represented the central authority in the state and was supported by a large class of government officials, civil and military, who also had an army at his disposal, could keep the bourgeoisie in subjection with the help of the nobility, and the nobility with the help of the bourgeoisie, catering to the interests of that one and then the other class and balancing, as far as possible, the influence of both.

Author: Selyanin A.V.

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