Constitution

Baden 1818 Constitution

Part III. The Estates Assembly, Rights and Duties of Members of the Estates

Article 26

The Estates of the country are divided into two chambers.

Article 27

The first chamber consists of:

  1. The Princes of the House of the Grand Duke,
  2. The heads of the Estates families,
  3. The Bishop of the country and a protestant priest with the position of a prelate, who has been designated for this position by the Grand Duke for the duration of his life,
  4. Eight assemblymen of the territorial nobility,
  5. Two assemblymen from the universities of the country,
  6. Persons designated to be members of this chamber by the Grand Duke without regard for class and birth.

Article 28

The princes of the House and the lords of the Estates shall join the Estates Assembly after they become of age. From the families of the lords of the Estates which are split into several branches, the head of each familial branch that possesses lordship over an Estate shall be a member of the first chamber.

While the possessor of the lordship over an Estate is under age, his voice shall be inactive.

The heads of noble families who confer an honor of high nobility from the Grand Duke shall join the first chamber as hereditary Estates of the country, just as the lords of Estates. They must, however, possess hereditary property that either originates from their family or is a fiefdom, acquired by the right of the firstborn and linear inheritance. This property must be worth at least 300,000 guilder in property and income taxes after the subtraction of capital burdens.

Article 29

Regarding the election of the assemblymen who are territorial nobility, all territorial nobility who have reached their 22nd birthday and possess a residence in the country have a voice. Electable are all voice possessing territorial nobility who have reached their 26th birthday. Each election is effective for eight years. Every four years half of the deputies of the territorial nobility shall resign.

Noble possessors of property can apply to the Grand Duke for a voice and the ability to be elected in the elections of the territorial nobility as long as they possess property that either originates from their family or is a fiefdom and is worth at least 60,000 guilder in property and income taxes after the subtraction of capital burdens, and has been acquired by the right of the firstborn according to linear inheritance.

Article 30

In the case of the lack of a Bishop of the country, the Bishop administrator shall join the Estates Assembly.

Article 31

Each of the two universities of the country shall elect their assemblymen for four years. The assemblymen shall be either professors or scholars or public servants of the country, otherwise the choice is theirs. Only the ordained professors shall have a voice.

Article 32

The number of members of the first chamber who have been appointed by the Grand Duke may never exceed eight persons.

Article 33

The second chamber consists of 63 assemblymen from cities and governmental agencies, according to the list indicating the arrangement thereof that has been attached to this constitutional charter.

Article 34

These assemblymen shall be elected by elected electoral delegates.

Article 35

Those who are current members of the first chamber, or who have a voice or are electable during the election of the territorial nobility can neither exercise their right to vote during the election of the electoral delegates, nor can they be elected as electoral delegates or assemblymen from cities or governmental agencies.

Article 36

All other citizens who have reached their 26th birthday and are either registered citizens of their district or who hold a public office have a voice and are electable for the election of the electoral delegates.

Article 37

In regards to the assemblymen, any citizen who is not excluded by Article 35 may be appointed, without consideration for his place of residence, so long as he

  1. Belongs to one of the three Christian denominations
  2. Has reached his 31st birthday, and
  3. For his land taxes, house taxes, and business taxes has been entered into the land register with a capital of at least 10,000 guilder, or draws an annual pension for the duration of his life of at least 1500 guilder from property that either originates from his family or is a fiefdom, or draws a fixed and constant salary or an income from the church of the same value as civil or church servants. Also in the latter two cases, the citizen must pay some direct tax from his property.

Country district officers, Estates district officers, territorial nobility district officers, priests, doctors, and other religious or secular local servants cannot be elected as assemblymen in the voting districts to which their office belongs.

Article 38

The assemblymen from cities and governmental agencies shall be appointed for 8 years in such a way that one-fourth of the chamber is replaced every two years.

Article 39

Every new election of an assemblyman, made necessary due either to disbandment of the assembly or the routine resignation of a member, shall also entail a new election of electoral delegates.

Article 40

Every resigned assemblyman is reelectable.

Article 41

Every chamber shall recognize their members even if their election was disputable.

Article 42

The Grand Duke shall call the Estates together, adjourn them and be able to disband them.

Article 43

The disbandment of the Estates shall cause all members of the first and second chambers who have been appointed by elections to lose their positions, including the assemblymen of the territorial nobility, universities, cities and governmental agencies.

Article 44

If the disbandment shall occur before the purpose for consultation has been exhaustively discussed, a new election must take place within no more than three months after the disbandment.

Article 45

The Grand Duke shall appoint the president of the first chamber for each representative assembly. The second chamber shall elect three candidates for the position of president, from which the Grand Duke shall choose one to confirm for the duration of session.

Article 46

One Estates Assembly must take place every two years.

Article 47

The members of both chambers cannot exercise their right to vote except in person.

Article 48

The members of the Estates are called to agree upon the matters about which there are consulting by their own conviction. They may not accept instructions from their constituents.

Article 49

No Estates member may be arrested amidst the duration of a session without the express permission of the chamber to which he belongs. There is an exception to this rule if the member is caught after the fresh commitment of a criminal offense.

Article 50

The Estates may only concern themselves with matters that are appropriate for their consultation according to current constitutional law, or that have been specifically brought to them by the Grand Duke.

Article 51

There shall exist a committee consisting of the presidents of the last session, three other members of the first chamber, and six members of the second chamber. The power of this committee shall be limited to the cases mentioned specifically in this charter, or matters from the last representative assembly assigned to the committee by the Grand Duke.

This committee shall be elected by a relative majority of votes before the closing or adjournment of each representative assembly in both chambers. Each disbandment of a representative assembly also entails the disbandment of this committee, even if the committee has just been elected.

Article 52

The chambers can neither assemble themselves of their own will, nor can they remain together after disbandment or adjournment for continued consultation.