The New Germany Part 22

ARTICLE 130.

Officials are servants of the community, not of a party.

Freedom of political opinion and freedom of meeting shall be secured to all officials.

Legislation of the Realm shall provide officials with special civil service representation.

ARTICLE 131.

Should an official, in exercising his public authority, be guilty of a breach of his official duty towards a third party, responsibility therefor shall fundamentally attach to the State of the Body employing such official. They may reserve the right of retributory action against the official. Recourse to an ordinary court of law must not be excluded.

The competent legislature shall provide for that.

ARTICLE 132.

Every German is bound to undertake honorary duties in accordance with the law.

ARTICLE 133.

Every German is bound to give personal service on behalf of the State or the local authority in accordance with the law.

Military service shall be as provided in the Law of National Defence of the Realm. The same law shall determine how far any fundamental citizen's rights shall be restricted for those on military service in the interests of their duties and of discipline.

ARTICLE 134.

All citizens without exception shall contribute proportionately to their means to all public burdens in accordance with the law.

SECTION III

RELIGION AND RELIGIOUS BODIES

ARTICLE 135.

All residents in the Realm enjoy entire freedom of faith and of conscience. The undisturbed practice of religion is guaranteed by the const.i.tution and under the protection of the State. General legislation shall not be affected thereby.

ARTICLE 136.

The free exercise of religious practices shall neither condition nor limit the civil and const.i.tutional rights and duties of citizens.

Enjoyment of civil and const.i.tutional rights and entry into public office are independent of religious faith.

No person is bound to publish his religious convictions. The public authorities may not inquire into any person's membership of a religious body except where rights and duties or a legally inst.i.tuted statistical census are involved.

No person may be forced to take part in any religious act or ceremony or to be present at any religious service or to adopt any religious form of oath.

ARTICLE 137.[39]

There is no State Church.

Freedom of a.s.sociation in religious bodies is guaranteed. No limits shall be imposed on the formation of religious a.s.sociations within the Realm.

Every religious a.s.sociation shall order and administer its own affairs independently, subject to general legislative limitations. Such a.s.sociations shall appoint to their offices without co-operation of the State or the local authorities.

Religious a.s.sociations acquire a juridic personality according to the general regulations in the Civil Code.

Religious a.s.sociations retain the status of public corporations if they have previously enjoyed it. Other religious a.s.sociations may obtain it, on demand, should their const.i.tution and their membership guarantee their permanent character. Should several such public corporate bodies join to form one federation, such federation is itself a public corporate body.

Religious a.s.sociations which are public corporate bodies may tax their members on the basis of the rate a.s.sessments and subject to Land legislation.

a.s.sociations whose aim is to promote the cult of a common view of life shall be on a par with religious a.s.sociations.

The Land Legislatures shall be responsible for any further regulation of the application of these principles.

ARTICLE 138.

The Land Legislatures shall discharge any liabilities due to religious bodies in virtue of a law, contract, or deed. The Realm shall lay down general principles on this matter.

The property of religious bodies and religious a.s.sociations shall be guaranteed, as also their rights in respect of their inst.i.tutions, foundations, and other funds devoted to worship, education, and social welfare.[40]

ARTICLE 139.

Sundays and feast days recognised by the State are maintained as holidays and days of spiritual refreshment.

ARTICLE 140.

Men on military service must be granted sufficient free time to fulfil their religious duties.

ARTICLE 141.

In so far as a need of religious services and of religious ministration makes itself felt in the army, in hospitals, prisons, or other public inst.i.tutions, admission shall be accorded to religious a.s.sociations, but in this there shall be no compulsion.

SECTION IV

SCHOOLS AND EDUCATION