The New Germany Part 23

ARTICLE 142.

Art, knowledge, and their instruction are free. The State guarantees to protect them and co-operates to promote them.

ARTICLE 143.

The education of youth is provided for in public inst.i.tutions established by the Realm, the Lands, and Local Authorities in conjunction.

The training of teachers shall be uniformly regulated for the whole Realm on the general lines laid down for higher education.

Teachers in public schools have the rights and duties of State officials.

ARTICLE 144.

All education is under State supervision, in which the State may a.s.sociate the Local Authorities. Such supervision is exercised by senior officials with special training.

ARTICLE 145.

Education is universally compulsory. It is effected in elementary schools, with at least eight years' attendance, and in continuation schools, up to the completed eighteenth year. Education and educational apparatus in elementary and continuation schools are free of charge.

ARTICLE 146.[41]

Public education shall be organically developed. The foundation school, which shall be common to all, shall lead on to the secondary and higher school system. This organisation shall keep in view the variation of vocations; and admission to schools shall have in view the capacities and inclinations of the child, and not the financial or social position of its parents or their religious beliefs.

Nevertheless, on demand of the parents or guardians, elementary schools for their particular religious faith or their particular views shall be set up within a munic.i.p.ality, always provided that the regular school programme in the sense of Clause 1 be not hereby prejudiced. The wishes of parents and guardians shall be considered as far as possible. The Land Legislatures shall provide further, subject to the general principles of an act of the Realm.

Realm, Lands, and Local Authorities shall provide funds to enable poorer members of the community to attend the secondary and higher schools; in particular, they shall provide maintenance grants for the parents of children who are deemed suitable to receive further education in the secondary and higher schools for the period of such education.

ARTICLE 147.

Private schools, in place of public schools, require the consent of the State and must conform to Land law. The consent of the State must be given if such private schools are not inferior to the public schools in respect of their educational aims and arrangements, and in respect of the professional standard of their teaching staffs, and if no distinctions are made between scholar and scholar on account of the financial position of their parents. Consent shall be refused if the financial and legal position of the teaching staff be not sufficiently secured.

Private elementary schools may only be set up if a minority of parents or guardians, claiming consideration under Clause 2 of Article 146, have no public elementary school for their faith or views, or if the educational administrative authorities recognise that special educational interests are involved.

Private preparatory schools are abolished.

The legal status of private schools which do not take the place of public schools is unchanged.

ARTICLE 148.

All schools shall aim at inculcating moral character, a civic conscience, personal and professional efficiency in the spirit of the German national character and of international conciliation.

The teacher in public schools shall avoid offence to those of contrary opinion.

Education in citizens.h.i.+p and technical instruction are part of the curricula. Every scholar shall, on leaving school, receive a copy of the const.i.tution.

Realm, Lands, and Local Authorities shall promote popular and university education.

ARTICLE 149.

Religious instruction is an ordinary part of the curriculum except in the non-religious (secular) schools. It shall be regulated by the legislation on education. Religious instruction shall be given in harmony with the principles of the religious a.s.sociation concerned, without prejudice to the control of the State.

The giving of religious instruction and the inst.i.tuting of Church ceremonies shall be dependent on consent of the teacher; the acceptance of religious instruction and partic.i.p.ation in Church ceremonies and acts shall be dependent on consent of those persons responsible for a child's religious education.

The theological faculties in the Universities shall be maintained.

ARTICLE 150.

Monuments of artistic, historic, natural, or picturesque interest shall be under the protection and care of the State.

The Realm is responsible for preventing the export of German artistic treasures to foreign countries.

SECTION V--THE ECONOMIC SYSTEM.[42]

ARTICLE 151.

The social economic system must conform to the principles of equity with the special object of guaranteeing an honourable livelihood to all. Within these limits economic freedom shall be secured to each individual.

Legal compulsion is only admissible to maintain rights which have been threatened or to secure an overwhelming public interest.

Freedom of trade and of manufacture shall be guaranteed by acts of the Realm.

ARTICLE 152.

In commerce freedom of contract shall prevail subject to the law.

Usury is forbidden. Contracts contrary to public morality are null and void.

ARTICLE 153.

Property is guaranteed by the const.i.tution. Its rights and responsibilities and restrictions are to be laid down by law.

Expropriation can only be undertaken in the common interest and in virtue of a law. Adequate compensation shall be paid, unless otherwise provided by act of the Realm. Any dispute as to the amount of compensation shall be referred to the ordinary courts. Property of the Lands, the local authorities, or public a.s.sociations can only be expropriated by the Realm against compensation. Property imposes obligations. Its use by the owner must at the same time serve the common good.

ARTICLE 154.

The right of inheritance shall be guaranteed in accordance with the Civil Code. The laws shall determine the proportion of inherited property accruing to the State.