The Charte constitutionnelle of 1814 and Süddeutscher Frühkonstitutionalismus: Transfer and reception of 'Monarchical Constitutionalism' in Post-Napoleonic Europe

Abstract

The objectives of this enquiry are essentially concerned with reaching a better understanding of the course, form and intensity of constitutional transfer by analysing the transnational impact (or perhaps ‘non-impact’) of the Charte constitutionalism on what is generally referred to as ‘Southern German constitutionalism’. Even though the Southern German countries weighed lightly in the European balance of power, their history is singularly interesting, not least because they were the first two territorial states in Germany which received a constitution after 1814. Developments there thus served as a signal for political life and constitutionalisation processes throughout Germany during the 19th century. Undoubtedly, a study encompassing all the Southern German states would be desirable. However, this enquiry cannot and does not set out to fulfil such task. What it does do is to take a closer and more in-depth look at a limited number of research cases by focusing on the two examples of Bavaria and Baden. Both these states accomplished constitutionalisation over the shortest period of time and in doing so became, so to speak, the ‘foremost of forerunners’. They, therefore, exemplify in their constitutional demands, issues and challenges the whole process of constitutionalisation in Southern Germany. Württemberg, and sometimes also Hesse-Darmstadt, are usually also considered to be an ‘integral part’ of early Southern German constitutionalism, but will not be dealt with in detail in this study. The reason for this being is not least, apart from the pragmatic demands of having to limit the number of cases, that Württemberg is by far the best researched of all the Southern German states due to the conflict-ridden nature of its constitutionalisation process.