The 1850 Constitution of Prussia was an amended version of the 1848 Constitution. Unlike the earlier version that King Frederick William IV had unilaterally imposed on the Kingdom of Prussia on 5 December 1848, the 1850 revision was a cooperative effort between the new Prussian Parliament, the King and his ministers. The changes they made to the 1848 Constitution were mostly relatively minor. The king remained in a position of dominance over the three branches of government, and Parliament had no control over the military, but liberal elements such as the catalogue of fundamental rights, the introduction of jury courts and certain limitations on the monarch's power remained in place.
The 1850 Constitution, frequently modified, was the fundamental law of Prussia until the end of the German Empire in 1918. [1]
In the 1840s, an economic depression and failed harvests led to widespread unrest across Germany and much of the rest of Europe. The news of the overthrow of King Louis-Philippe in Paris in February 1848 led to sympathetic revolutions across Germany, including in Prussia's capital, Berlin. [2] In March, King Frederick William yielded to protesters' demands and promised parliamentary elections, freedom of the press and a constitution. On 18 March a large demonstration in Berlin turned into street battles that left hundreds dead. The King was shocked by the loss of life and promised to appoint a liberal ministry in response to the demonstrators' demands. [3] Ten days later, he rode through Berlin wearing the black, red and gold armband of the revolution and authorized the convening of a national assembly. [4]
On 11 April Gottfried Ludolf Camphausen, a moderate liberal who had been named minister president of Prussia on 29 March, called for elections to a Prussian National Assembly, with all males 25 and older able to vote. The Assembly met for the first time on 22 May. [5] The King and his ministers presented a draft constitution in which the king retained many of his old rights. The Assembly responded with the "Charte Waldeck", named after the left-liberal Benedikt Waldeck. It included an expanded list of fundamental rights, a Volkswehr ('people's guard') responsible to Parliament and restrictions on feudal rights. [6] The King declared to Camphausen that "he would never accept [it] under any conditions". [7] On 9 November the King adjourned the Assembly and had it moved to Brandenburg an der Havel, ostensibly for its own safety. [8] The next day Prussian troops under General von Wrangel occupied Berlin, essentially putting an end to revolutionary activity in the city. [9]
On 5 December 1848 King Frederick William unilaterally enacted a constitution for the Kingdom of Prussia. Given that the revolution had failed and the King was once more in control, the 1848 Constitution [10] was remarkably close to the liberal Charte Waldeck. It introduced universal male suffrage and kept most of the catalogue fundamental rights, including jury trials, freedom of speech, the press and assembly. On the other hand, it created an upper house for the nobility and had ministers responsible to the king, not the Parliament. The king had veto power over legislation and could dissolve Parliament at any time, which left him firmly in a position of power in spite of the Constitution's liberal elements. [11]
The final article of the 1848 Constitution stated that "The present Constitution shall be subjected to revision … immediately after the first session of the Chambers." When the new Parliament met for the first time on 26 February 1849, it formally accepted the Constitution imposed by Frederick William the preceding December and then began work on its revision. Following disagreements with the King on certain points, Parliament was dissolved and not reconvened until August. It then went through the 1848 Constitution one article at a time and submitted its revisions to the King in mid-December. He responded with requests for a number changes, which Parliament accepted. The King promulgated the revision, the 1850 Constitution, on 31 January 1850. [12]
While the 1848 Constitution stated only that the first chamber should consist of 180 elected members (Art. 62 and 63), the 1850 revision in Article 62 added unelected members of the nobility, including royal princes of legal age, heads of the formerly immediate imperial houses and members whom the king appointed for life. In addition there were 90 members elected by direct vote and thirty members elected by the municipal councils from the larger cities. Dissolution of the first chamber applied only to the elected members. An 1853 amendment changed the makeup to members appointed by the king, with either the right of hereditary transmission or only for life.
Article 71 of the 1850 Constitution (replacing Art. 68 of the 1848 version) introduced the Prussian three-class franchise for elections to the second (lower) chamber. The system weighted votes depending on the amount of taxes paid and thus gave considerably more power to the wealthy. In spite of calls for its repeal that increased over the years, the three-class franchise remained in effect in Prussia until the fall of the German Empire in 1918. [13]
Note: in the references to the constitutional articles below, the first number refers to the 1848 Constitution, [10] the second to the 1850 version. [14] There is not always an article in the1850 Constitution that corresponds to any in the first document.
Both when Prussia became part of the North German Confederation after the Prussian victory in the Austro-Prussian War of 1866 and part of the German Empire five years later, following the Franco-Prussian War of 1870–1871, the Constitution of 1850 remained in place. It was, however, amended numerous times.
Following World War I and the German Revolution of 1918–1919, the Free State of Prussia, a part of the Weimar Republic, enacted a new, democratic constitution in 1920.
Frederick William IV, the eldest son and successor of Frederick William III of Prussia, was king of Prussia from 7 June 1840 until his death on 2 January 1861. Also referred to as the "romanticist on the throne", he was deeply religious and believed that he ruled by divine right. He feared revolutions, and his ideal state was one governed by the Christian estates of the realm rather than a constitutional monarchy.
The Kingdom of Prussia constituted the German state of Prussia between 1701 and 1918. It was the driving force behind the unification of Germany in 1866 and was the leading state of the German Empire until its dissolution in 1918. Although it took its name from the region called Prussia, it was based in the Margraviate of Brandenburg. Its capital was Berlin.
The German revolutions of 1848–1849, the opening phase of which was also called the March Revolution, were initially part of the Revolutions of 1848 that broke out in many European countries. They were a series of loosely coordinated protests and rebellions in the states of the German Confederation, including the Austrian Empire. The revolutions, which stressed pan-Germanism, demonstrated popular discontent with the traditional, largely autocratic political structure of the thirty-nine independent states of the Confederation that inherited the German territory of the former Holy Roman Empire after its dismantlement as a result of the Napoleonic Wars. This process began in the mid-1840s.
The Frankfurt Parliament was the first freely elected parliament for all German states, including the German-populated areas of the Austrian Empire, elected on 1 May 1848.
The Erfurt Union was a short-lived union of German states under a federation, proposed by the Kingdom of Prussia at Erfurt, for which the Erfurt Union Parliament, officially lasting from March 20 to April 29, 1850, was opened at the former Augustinian monastery in Erfurt. The union never came into effect, and was seriously undermined in the Punctation of Olmütz under immense pressure from the Austrian Empire.
Karl Anton, Prince of Hohenzollern-Sigmaringen was the last prince of Hohenzollern-Sigmaringen before the territory was annexed by the Kingdom of Prussia in 1849. Afterwards he continued to be titular prince of his house and, with the death of the last prince of Hohenzollern-Hechingen in 1869, of the entire House of Hohenzollern. He served as Minister President of Prussia from 1858 to 1862, the only Hohenzollern prince to hold the post. His second son, Karl, became king of Romania. The offer of the throne of Spain to his eldest son, Leopold, was one of the causes of the Franco-Prussian War, which led to the unification of Germany and the creation of the German Empire.
Benedikt Franz Leo Ignatz Waldeck was a left-leaning deputy in the Prussian National Assembly and later in the Second Chamber of the Landtag of Prussia. He is considered one of the leading left-wing liberals in Prussia during the German revolutions of 1848–1849. In May 1849 he was arrested in Berlin for high treason, but was acquitted in December. Waldeck is an important figure in German constitutional history and in the 1860s he became one of Otto von Bismarck's most important domestic political opponents.
The Prussian House of Lords in Berlin was the upper house of the Landtag of Prussia, the parliament of Prussia from 1850 to 1918. Together with the lower house, the House of Representatives, it formed the Prussian bicameral legislature. The building is now used as the seat of the German Bundesrat.
Adolf Heinrich Graf von Arnim-Boitzenburg was a German statesman. He served as the first Minister-President of Prussia for ten days during the Revolution of 1848.
The Landtag of Prussia was the representative assembly of the Kingdom of Prussia implemented in 1849, a bicameral legislature consisting of the upper House of Lords (Herrenhaus) and the lower House of Representatives (Abgeordnetenhaus). After World War I and the German Revolution of 1918–19 the Landtag diet continued as the parliament of the Free State of Prussia between 1921 and 1934, when it was abolished by the Nazi regime.
Rudolf Ludwig Cäsar von Auerswald was a German official who served as Prime Minister of Prussia during the Revolution of 1848. Later, during the ministry of Charles Anthony, Prince of Hohenzollern, he led the government in all but name.
The Prussian estates were representative bodies of Prussia, first created by the Monastic state of Teutonic Prussia in the 14th century but later becoming a devolved legislature for Royal Prussia within the Kingdom of Poland. They were at first composed of officials of six big cities of the region; Braunsberg (Braniewo), Culm (Chełmno), Elbing (Elbląg), Danzig (Gdańsk), Königsberg (Królewiec) and Thorn (Toruń). Later, representatives of other towns as well as nobility were also included. The estates met on average four times per year, and discussed issues such as commerce and foreign relations.
The Prussian National Assembly came into being after the revolution of 1848 and was tasked with drawing up a constitution for the Kingdom of Prussia. It first met in the building of the Sing-Akademie zu Berlin. On 5 November 1848 the Government ordered the expulsion of the Assembly to Brandenburg an der Havel and on 5 December 1848 it was dissolved by royal decree. King Frederick William IV then unilaterally imposed the 1848 Constitution of Prussia.
The Prussian State Council was the second chamber of the bicameral legislature of the Free State of Prussia between 1921 and 1933; the first chamber was the Prussian Landtag. The members of the State Council were elected by the provincial parliaments and gave the provinces of Prussia a voice in the legislative process. The Council had an indirect right to introduce legislation, could object to bills passed by the Reichstag and had to approve expenditures that exceeded the budget.
The 1848 Constitution of Prussia was imposed on the Kingdom of Prussia by King Frederick William IV on 5 December 1848 in response to demands that arose during the German revolutions of 1848–1849. 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.
The Prussian Constitution of 1920 formed the legal framework for the Free State of Prussia, a constituent state of the Weimar Republic, from 1918 to 1947. It was based on democratic parliamentary principles and replaced the Constitution of 1848/50. During the National Socialist era, it was eroded to the point of irrelevance and following World War II lost legal force when the state of Prussia was abolished by the Allies in 1947.
The Preußisches Obertribunal, abbreviated PrObTr, was between 1703 and 1879 either the sole or one of the supreme courts of the Kingdom of Prussia. The court played a significant role in shaping Prussia's legal system and had major influence on the administration of justice in the kingdom.
The Prussian State Ministry from 1808 to 1850 was the executive body of ministers, subordinate to the King of Prussia and, from 1850 to 1918, the overall ministry of the State of Prussia consisting of the individual ministers. In other German states, it corresponded to the state government or the senate of a free city.
The Prussian State Council was an advisory body to the King in the Prussian State from 1817 to 1848 and reactivated in 1854, 1884, and 1895. Its members did not have the title of State Councilor, but were allowed to call themselves a Member of the State Council.
The "Potato revolution" is the name given to the food riot that took place in the Prussian capital Berlin between April 21 and April 22/23, 1847.