The Constitution of the

Free State of Bavaria Bavaria ( ; ), officially the Free State of Bavaria (german: Freistaat Bayern, link=no ), is a state in the south-east of Germany. With an area of , Bavaria is the largest German state by land area, comprising roughly a fifth of the total la ...

was enacted on 8 December 1946. It is the fourth constitutional document in Bavarian history after the Constitution of 1808, the Constitution of the Kingdom of Bavaria in 1818 and the

Bamberg Constitution Bamberg (, , ; East Franconian: ''Bambärch'') is a town in Upper Franconia, Germany, on the river Regnitz close to its confluence with the river Main. The town dates back to the 9th century, when its name was derived from the nearby ' castle. ...

of 1919. The first state elections after the

2nd World War World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposing ...

were held on 30 June 1946, when 180 members of a Constituent Assembly were chosen. The constituent assembly was tasked with drafting a new Bavarian constitution and passed a first draft for a constitution on 20 September 1946. After the American military government vetoed some provision, a final draft was passed with 136–14 votes on 26 October 1946. The new constitution was accepted by a public vote on 1 December 1946, the same day as the state election for the first Bavarian State Parliament after the 2nd World War.History of the Bavarian parliament
/ref> The constitution entered into force upon its publication in the official Bavarian government gazette on 8 December 1946. The Constitution of the free State of Bavaria regulates the

independence Independence is a condition of a person, nation, country, or state in which residents and population, or some portion thereof, exercise self-government, and usually sovereignty, over its territory. The opposite of independence is the stat ...

of the free State (

Republic A republic () is a " state in which power rests with the people or their representatives; specifically a state without a monarchy" and also a "government, or system of government, of such a state." Previously, especially in the 17th and 18th ...

) as a ''Land'' of the Federal Republic of (

Germany Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwee ...

). The Constitution is divided into four main parts and contains a total of 188 articles. In the first three articles, it is set that Bavaria is a free State, that authority emanates from the people and that Bavaria is a legal, cultural and social State. The Constitution can be changed only in the way of legislation (article 75). Resolutions of the Parliament to amend the Constitution must be submitted to the people for a decision.

Preamble

Constitution of the Free State of Bavaria 2 December 1946 as last amended by the act of 10 November 2003 ::''″Mindful of the physical devastation which the survivors of the 2nd World War were led into by a godless state and social order lacking in all conscience or respect for human dignity, firmly intending moreover to secure permanently for future German generations the blessing of Peace, Humanity and Law, and looking back over a thousand years and more of history, the Bavarian people hereby bestows upon itself the following Democratic Constitution.″''Bavarian constitution
/ref> Gaibach-Konstitutionssäule-WV

Article 1 Free state, Land colours, Land coat of arms

# Bavaria is a free state. # The Land colours are white and blue. # The Land coat of arms shall be determined by law.

Article 2 People's state

# Bavaria is a people's state. The power of the state emanates from the people. # The people shall express their will through elections and votes. Decisions shall be arrived at by

majority vote A majority, also called a simple majority or absolute majority to distinguish it from related terms, is more than half of the total.Dictionary definitions of ''majority'' aMerriam-Webster social state A welfare state is a form of government in which the state (or a well-established network of social institutions) protects and promotes the economic and social well-being of its citizens, based upon the principles of equal opportunity, equitabl ...

. It shall be dedicated to the common well-being. # The state shall protect the natural basis of life and cultural traditions.

References

{{Authority control State constitutions of Germany Politics of Bavaria