Constitution of Hamburg
Encyclopedia
The Constitution of the Free and Hanseatic city of Hamburg (German: Verfassung der Freien und Hansestadt Hamburg) is the basic governing document of the German
city-state
of Hamburg
. It was approved on 6 June 1952. It is the fourth constitution that the state has had, consists of 76 articles and has been amended
13 times.
Erich and Martin Verg considered a document called "the first Rezeß" of 1410 as the first constitution of Hamburg, although it has had no democratically founded proceedings to establish it.
The first constitution was established on 28 September 1860. It introduced a form of a representative democracy
but with a limited the right to vote, e.g. only male could vote. On 13 October 1879 a new constitution (Verfassung der freien und Hansestadt Hamburg) was created.
After the First World War
in 1919 in the parliamentary Weimar Republic
, the Hamburg Parliament
ratified a temporary constitution (Gesetz über die Vorläufige Staatsgewalt) and a constitution (Verfassung der Freien und Hansestadt Hamburg) was formally approved in 1921.
The constitution of 1952 was ratified by the Hamburg Parliament
.
. Dieter Läpple described the important connection between the port and the trade city to enter it into the preamble of the constitution as follows: The preamble of the constitution of Hamburg points out the close relationship between port and city with regard to their development: „As an international port the Free and Hanseatic City of Hamburg has a special task, allocated by its history and location, to perform for the German people. In the spirit of peace it wants to be an intermediary between all continents and peoples of the world."
It is diveded into the following sections:
Because the constitution was approved in 1959, after the Basic Law for the Federal Republic of Germany
(approved in 1949) — which is the document that establishes and describes the duties, powers, structure and function of the government in Germany
and legal also for the German states (federal law breaking state law) — a part for the human or basic rights
(fundamental rights) is missing.
is the Hamburg Parliament
, for the judiciary
there is the Hamburg Constitutional Court (Hamburgisches Verfassungsgericht) and the executive
is represented by the , with its head the First Mayor of Hamburg (Erster Bürgermeister der Freien und Hansestadt Hamburg) equivalent to a prime minister
or minister-president
.
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
city-state
City-state
A city-state is an independent or autonomous entity whose territory consists of a city which is not administered as a part of another local government.-Historical city-states:...
of Hamburg
Hamburg
-History:The first historic name for the city was, according to Claudius Ptolemy's reports, Treva.But the city takes its modern name, Hamburg, from the first permanent building on the site, a castle whose construction was ordered by the Emperor Charlemagne in AD 808...
. It was approved on 6 June 1952. It is the fourth constitution that the state has had, consists of 76 articles and has been amended
Constitutional amendment
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
13 times.
History
The first constitution was established on 28 September 1860. It introduced a form of a representative democracy
Representative democracy
Representative democracy is a form of government founded on the principle of elected individuals representing the people, as opposed to autocracy and direct democracy...
but with a limited the right to vote, e.g. only male could vote. On 13 October 1879 a new constitution (Verfassung der freien und Hansestadt Hamburg) was created.
After the First World War
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...
in 1919 in the parliamentary Weimar Republic
Weimar Republic
The Weimar Republic is the name given by historians to the parliamentary republic established in 1919 in Germany to replace the imperial form of government...
, the Hamburg Parliament
Hamburg Parliament
The Hamburg Parliament is the unicameral legislature of the German state of Hamburg according to the constitution of Hamburg. As of 2011 there were 121 members in the parliament, representing a relatively equal amount of constituencies...
ratified a temporary constitution (Gesetz über die Vorläufige Staatsgewalt) and a constitution (Verfassung der Freien und Hansestadt Hamburg) was formally approved in 1921.
The constitution of 1952 was ratified by the Hamburg Parliament
Hamburg Parliament
The Hamburg Parliament is the unicameral legislature of the German state of Hamburg according to the constitution of Hamburg. As of 2011 there were 121 members in the parliament, representing a relatively equal amount of constituencies...
.
Content
The constitution consists of 76 articles and a preamblePreamble
A preamble is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subject of the statute...
. Dieter Läpple described the important connection between the port and the trade city to enter it into the preamble of the constitution as follows: The preamble of the constitution of Hamburg points out the close relationship between port and city with regard to their development: „As an international port the Free and Hanseatic City of Hamburg has a special task, allocated by its history and location, to perform for the German people. In the spirit of peace it wants to be an intermediary between all continents and peoples of the world."
It is diveded into the following sections:
- legal foundations (I). In contrary to the other two city-states BerlinBerlinBerlin is the capital city of Germany and is one of the 16 states of Germany. With a population of 3.45 million people, Berlin is Germany's largest city. It is the second most populous city proper and the seventh most populous urban area in the European Union...
and BremenBremen (state)The Free Hanseatic City of Bremen is the smallest of Germany's 16 states. A more informal name, but used in some official contexts, is Land Bremen .-Geography:...
the constitution does not separate between state (Land) and local communal affairs. - sections for the Hamburg ParliamentHamburg ParliamentThe Hamburg Parliament is the unicameral legislature of the German state of Hamburg according to the constitution of Hamburg. As of 2011 there were 121 members in the parliament, representing a relatively equal amount of constituencies...
(II) and senate (III) - law (IV) and adminsitration (V)
- jurisdictionJurisdictionJurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
(VI) - budget and finance (VII)
- and final and transitional provisions (VIII)
Because the constitution was approved in 1959, after the Basic Law for the Federal Republic of Germany
Basic Law for the Federal Republic of Germany
The Basic Law for the Federal Republic of Germany is the constitution of Germany. It was formally approved on 8 May 1949, and, with the signature of the Allies of World War II on 12 May, came into effect on 23 May, as the constitution of those states of West Germany that were initially included...
(approved in 1949) — which is the document that establishes and describes the duties, powers, structure and function of the government in Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
and legal also for the German states (federal law breaking state law) — a part for the human or basic rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
(fundamental rights) is missing.
Constitutional institutions
The legislatureLegislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
is the Hamburg Parliament
Hamburg Parliament
The Hamburg Parliament is the unicameral legislature of the German state of Hamburg according to the constitution of Hamburg. As of 2011 there were 121 members in the parliament, representing a relatively equal amount of constituencies...
, for the judiciary
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
there is the Hamburg Constitutional Court (Hamburgisches Verfassungsgericht) and the executive
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
is represented by the , with its head the First Mayor of Hamburg (Erster Bürgermeister der Freien und Hansestadt Hamburg) equivalent to a prime minister
Prime minister
A prime minister is the most senior minister of cabinet in the executive branch of government in a parliamentary system. In many systems, the prime minister selects and may dismiss other members of the cabinet, and allocates posts to members within the government. In most systems, the prime...
or minister-president
Minister-President
A minister-president is the head of government in a number of European countries or subnational governments, in which a parliamentary or semi-presidential system of government prevails, who presides over the council of ministers...
.
Literature
- Werner Thieme: Verfassung der Freien und Hansestadt Hamburg. Kommentar mit einem Anhang Hamburgischer staatsrechtlicher Gesetze. Harvestehuder Fachverlag, Hamburg 1998. ISBN 9783933375001
- 50 Jahre Verfassung der Freien und Hansestadt Hamburg : Festakt am 6. Juni 2002 im Hamburger Rathaus, Hamburgische Bürgerschaft, Hamburg 2002.
External links
- Verfassung der Freien und Hansestadt Hamburg, retrieved on 2009-07-22