Resolving to protect the freedom and the rights of every individual, to afford democratic order to the community and the economy, and to serve the spirit of social progress and peace, Berlin, the capital of the united Germany, has adopted the following Constitution:
(1) Berlin is both a German Land and a city.
(2) Berlin is a Land of the Federal Republic of Germany.
(3) The Basic Law (Grundgesetz) and the laws of the Federal Republic of Germany shall be binding on Berlin.
Public authority shall be held by all German nationals domiciled in Berlin. They shall exercise their will according to this Constitution directly by electing Parliament and by vote, and indirectly through Parliament. Those provisions of this Constitution which afford to other residents of Berlin the right to participate in the state’s formation of will shall remain unaffected.
(1) Legislative power shall be implemented by vote and by Parliament. Executive power shall lie in the hands of the Government and of the administration, judicial power in the hands of independent courts.
(2) Parliament, government and administration, including the borough administrations, shall discharge the responsibilities of Berlin as a municipality, an association of municipalities and as a Land.
(1) Berlin shall consist of twelve boroughs. They shall comprise the former boroughs of
(2) Any change of its territory shall be subject to consent by Parliament. The number and boundaries of the boroughs may only be changed subject to a law. A different procedure may be provided for by law in respect of minor boundary changes to which the boroughs concerned consent.
The flag, the coat of arms and the seal of Berlin shall show a bear. The colours of the flag shall be white and red.
The dignity of man shall be inviolable. To respect and protect it shall be the duty of all state authority.
Everybody shall have the right to the free development of his/her personality insofar as he/she does not violate the rights of others or offend against the constitutional order or against morality.
(1) Everybody shall have the right to life and physical integrity. The liberty of the individual shall be inviolable. Intrusion on these rights may only be made pursuant to a law.
(2) Every person arrested or detained shall be informed within 24 hours by what authority and on what grounds the deprivation of liberty was ordered. The next of kin shall have the right to be informed of the deprivation of liberty. At the request of the person arrested or detained, other persons shall also be informed without delay of the arrest or detention.
(3) Every person arrested or detained shall be taken before the competent judge within 48 hours, who shall decide on the arrest or detention.
(1) An accused person shall have the right to avail him/herself of the aid of counsel at every stage of the proceedings.
(2) An accused person shall be held innocent until convicted by a court.
(1) All persons shall be equal before the law.
(2) No one may be prejudiced or favoured because of sex, birth, race, language, national or social origin, faith, religious or political opinions or sexual orientation.