Bavaria, which became a kingdom in 1806, was a constitutional monarchy. However, it had lost its status as a sovereign state since the founding of the German Empire in 1871. In 1818 King Max I Joseph (1756-1825) had enacted a constitution that replaced and continued a constitution that had already come into force in 1808. As a result of the so-called March Revolution, the constitution was extensively reformed in 1848. It guaranteed the population certain fundamental rights, such as freedom of the individual, conscience and expression, and equality before the law.
The head of state was the king. As an individual, he combined all the rights of state power and presided over the judiciary, the legislature and the executive. However, his power was no longer all-encompassing, but limited by the provisions of the constitution.
The constitution provided for a parliament, which was called the Landtag from 1848. It consisted of two chambers: the Chamber of Imperial Councillors was made up of the social ruling class, mainly the nobility, while the Chamber of Deputies was made up of the people’s elected representatives. However, only 17% of the total population were eligible to vote in 1864, namely men aged 21 and over who paid direct taxes. The deputies were recruited from the propertied and educated middle classes. The Landtag participated in legislation and had the right to approve taxes. It could meet as a body only as a result of a convocation by the king. The first state election under Ludwig II took place in 1869. The Catholic-conservative Patriotic Party ("Patriotenpartei", later the "Zentrum") won a majority in the Chamber of Deputies in these elections.
The Bavarian executive was headed by the Ministry as a whole. It was composed of seven ministers, one of whom occupied a prominent position as Chairman of the Council of Ministers. The ministry was not dependent on the parliamentary majority, rather the king could appoint and dismiss ministers at his will. However, they had the duty to countersign within the scope of their respective department. The responsible minister therefore shared accountability for the monarch’s decisions, which meant royal power was restricted.
The Bavarian judges, who constituted the judicial power, were also appointed by the king. They were independent and held office for life.
In this political system, the monarch could theoretically occupy an extremely powerful position. This required a strong, skilful and assertive personality. But if the king was weak and showed little initiative, the balance of power shifted towards the ministry and its bureaucracy – even though the constitution did not envisage such a development. Precisely this was to become a fundamental problem during Ludwig II’s reign.
Matthias Bader
