ture of the Constitution.*--The constitution of Prussia is
modelled upon that of Belgium. Provisions relating to the powers of
the crown, the competence of the chambers, and the functions of the
ministers are reproduced almost literally from the older instrument.
None the less, the two rest upon widely differing bases. The Belgian
fundamental law begins with the assertion that "all powers emanate
from the nation." That of Prussia voices no such sentiment, and the
governmental system for which it provides has as its cornerstone the
thoroughgoing supremacy of the crown.[368] The Liberals of the
mid-century period were by no means satisfied with it; and, sixty
years after, it stands out among the great constitutional documents of
the European world so conspicuous by reason of its disregard of
fundamental democratic principle as to justify completely the (p. 252)
charges of anachronism which reformers in Prussia and elsewhere are
in these days bringing against it. It provides for the responsibility
of ministers, without stipulating a means whereby that responsibility
may be enforced. There is maintained under it one of the most
antiquated and undemocratic electoral systems in Europe. And, as is
pointed out by Lowell, even where, on paper, it appears to be liberal,
it is sometimes much less so than its text would lead one to suppose.
It contains, for example, a bill of rights, which alone comprises no
fewer than forty of the one hundred eleven permanent articles of the
instrument.[369] In it are guaranteed the personal liberty of the
subject, the security of property, the inviolability of personal
correspondence, immunity from domiciliary visitation, freedom of the
press, toleration of religious sects, liberty of migration, and the
right of association and public meeting. But there is an almost total
lack of machinery by which effect can be given to some of the most
important provisions relating to these subjects. Some guarantees of
what would seem the most fundamental rights, as those of public
assemblage and of liberty of teaching, are reduced in practice to
empty phrases.[370]
[Footnote 368: Dupriez, Les Ministres, I., 350.]
[Footnote 369: Arts. 3-42. Robinson, Constitution
of the Kingdom of Prussia, 27-34.]
[Footnote 370: Lowell, Governments and Parties, I.,
286.]
The process of constitutional amendment in Prussia
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