Hesse constitution
Encyclopedia
The Constitution of Hesse, signed on the December 1, 1946, is the constitution of the German state of Hesse
Hesse
Hesse or Hessia is both a cultural region of Germany and the name of an individual German state.* The cultural region of Hesse includes both the State of Hesse and the area known as Rhenish Hesse in the neighbouring Rhineland-Palatinate state...

.

Origins

A committee was formed for the preparation of the draft constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...

 and made up of 12 participants from each party. Participants of the advisory state committee (German:Beratenden Landesausschusses) February 26 - July 14, 1946 http://starweb.hessen.de/tabellen/blaabgeordnete.pdf were, among others, Walter Fisch
and Eleonore Wolf.

On June 30, 1946 elections were held for the state constitutional convention (Ger:verfassungsberatenden Landesversammlung). Out of a total election turnout of 71%, the Social Democratic Party
Social Democratic Party of Germany
The Social Democratic Party of Germany is a social-democratic political party in Germany...

 (SPD) got 44.3% of the delegates, the Christian Democratic Union (CDU) 37.3%, the Communist Party
Communist Party of Germany
The Communist Party of Germany was a major political party in Germany between 1918 and 1933, and a minor party in West Germany in the postwar period until it was banned in 1956...

 (KPD) 9.7% and the Liberal Democratic Party
Liberal Democratic Party of Germany
The Liberal Democratic Party of Germany ) was a political party in East Germany. Like the other allied parties of the SED in the National Front it had 52 representatives in the Volkskammer.-Foundation:...

 (LDP) got 6%.

There were 51 participants at the state constitutional convention July 15 - November 30, 1946. (List: http://starweb.hessen.de/tabellen/vlvabgeordnete.pdf)

Other people involved in the development of the Hesse Constitution:
  • Dr. Valentin Heckert. Drafted as assistant secretary of state (Ger.: Ministerialdirektor) for the production of a draft of the new constitution. He got involved with, among other things, the democratization of the police.
  • Oskar Müller
    Oskar Müller
    Oskar Müller was the first employment minister in Hesse, Germany after World War II.-Early career:Müller was born in Wohlau in Prussian Silesia as the son of a farmer. He fought in World War I and became an officer. After the war, he joined the Communist Party of Germany...

    , Labor Secretary (Ger. Arbeitsminister) of the first Hesse government.
  • Emil Carlebach
    Emil Carlebach
    Emil Carlebach was a Hessian Landtag member, a writer, and a journalist. He was born and died in Frankfurt am Main.-Life:...

    , delegate of the first parliament and publisher of the German daily, Frankfurter Rundschau
    Frankfurter Rundschau
    The Frankfurter Rundschau is a German daily newspaper, based in Frankfurt am Main. It is published every day but Sunday as a city, two regional and one nationwide issues and offers an online edition as well as an e-paper...

    .


The state convention adopted the historic Hesse Constitutional Compromise on September 30, 1946.
On December 1, 1946, the Hesse Constitution took effect by popular vote as the first German postwar constitution, with 76.4% for the entire constitution and 72% for socialization article 41.

Article 41 provided for socialization in the mining, iron and steel sectors, as well as in energy and transportation.

Other points of constitutional importance were recognition of the dignity and humanity of people; in the economic sphere, this included the right to work, the eight-hour workday, minimum 12 days of vacation, the right to strike, as well as a uniform industrial law for workers, employees and officials in which lockout is prohibited. Due of the recency of historical events under Naziism, the social aspects of the constitution went much further than they did in constitutions adopted later on by the other Federal states in Germany.

Article 21 remains a legal curiosity. According to it, the death penalty may be imposed for particularly grave crimes. Although the pertinent passage has not been struck from the constitution even to the present day, it is no longer in effect due to the abolishment of the death penalty at the level of the Federal constitution
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...

. The same goes for lockout, which is unlawful according to the Hesse constitution.

External links

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