Constitution

Germany (Prussia) 1919 Constitution

Table of Contents

Division Two. THE COMMUNITY LIFE

Article 119

Marriage stands, as the foundation of family life and of the preservation and increase of the nation, under the special protection of the Constitution. It rests upon the equality of rights of both sexes.

The keeping pure, the wholesomeness, and the social advancement of the family are a task of the state and of the Communes. Families of many children have a claim to financial relief.

Motherhood has a claim to the protection and care of the state.

Article 120

The rearing of the rising generations to physical, mental and social fitness is the supreme duty and natural right of the parents, over whose activities the political community watches.

Article 121

Legislation is to create for illegitimate children the same conditions for physical, menial and social development as for legitimate children.

Article 122

Young persons are to be protected against exploitation and also against moral, mental or physical neglect. State and Commune have to adopt the necessary measures.

Rules for care by way of compulsion can be made by virtue of statute only.

Article 123

All Germans have the right to assemble peaceably and un-armed, without notice or special permission.

Assemblies in the open can, by Imperial statute, be made subject to notice, and can be forbidden in case of immediate danger to the public safety.

Article 124

All Germans have the right to form societies or associations for purposes that are not contrary to the criminal laws. This right can not be restricted by preventive measures. The same provisions apply to religious societies and associations.

The right of incorporation is open to every society conformably to the provisions of the civil law. It may not be denied a society on the ground that it pursues a political, socio-political or religious purpose.

Article 125

Freedom of elections and secrecy of elections are guaranteed. The election statutes shall determine the details.

Article 126

Every German has the right to petition, in writing, with requests or complaints, the proper authorities or the popular representative body. This right can be exercised by individuals as well as by several together.

Article 127

Communes and Communal Unions have the right of self-administration within the limits of the statutes.

Article 128

All citizens without distinction are eligible for public offices in accordance with the statutes and according to their ability and their attainments.

All exceptional provisions against women officials are removed.

The underlying principles of official relationships are to be regulated by Imperial statute.

Article 129

The appointment of the officials is for life, in so far as is not otherwise provided by statute. Pensions and care of surviving dependents are regulated by statute. The duly acquired rights of the officials are inviolable. For the claims of the officials to property rights the process of law is open.

The officials can be provisionally suspended from office, or temporarily or permanently retired, or transferred to another office with a lower salary only in conformity with the statutory requirements and forms.

For every disciplinary sentence there must be open a remedy by way of appeal, and the possibility of a rehearing. In the personal record of the official, notations of facts unfavorable to him are to be made only after an opportunity has been given him to express himself about them. The official is to be granted an inspection of his personal record.

The inviolability of the duly acquired rights and the keeping open of the process of law for the claims to property rights are to be guaranteed especially to the professional soldiers too. In other respects their position shall be regulated by Imperial statute.

Article 130

The officials are servants of the whole body politic, not of a party.

To all officials are guaranteed the freedom of their political beliefs and the freedom of association.

The officials are entitled to special bodies representing them as officials, in accordance with detailed Imperial statutory provisions.

Article 131

If an official in the discharge of the public power entrusted to him breaches his official duties towards a third party, the responsibility rests fundamentally with the state or body in whose service he stands. The right of redress against the official is reserved. The ordinary process of law may not be excluded.

It is the duty of the competent legislature to provide details.

Article 132

Every German has the duty, in accordance with the statutes, to accept honorary offices.

Article 133

All citizens are bound, in accordance with the statutes, to perform personal services for the state and the Commune.

The military duty is directed along the lines of the Imperial Military Statute. This shall also provide how far particular fundamental rights are to be restricted for members of the armed forces for the performance of their duties and for the maintenance of discipline.

Article 134

All citizens, without distinction, contribute to all public burdens in proportion to their means, as provided by statutes.