The Golden Bull of 1356 : A Legislative Masterstroke by Emperor Charles IV

Tür:

Kitap Bölümü

Yazar:

Heiner Lück

Yayın yılı:

2023

Yayıncı:

Ferenc Mádl Institute of Comparative Law, Central European Academic Publishing

The Golden Bull of Emperor Charles IV (reigned 1346/1355-1378) of 1356 is one of the most prominent laws of the late medieval and early modern Holy Roman Empire. It is one of the fundamental laws (leges fundamentales) and, from the point of view of constitutional history, presenting a clear programme for the organisation of imperial rule involving the privileged electoral group. The Code pursues the creation of a firmly structured order, which can be based in part on custom. Ranking (casting of votes; seating order; different privileges) and equality of rank (ceremonial) among the electors are laid down as essential elements of an order of unity and peace in the empire. The consensus with the electors sought by the Emperor and apparently largely implemented offered the chance to also implement the agreed and imperially proclaimed rules in reality. In this respect, those important rulers besides the emperor who had to enforce the law in general in their territories were involved in the content and formal design of the Code as a prerequisite and unifying feature. At the heart of the Golden Bull were the rules for the election of kings, which basically stood the test of time until the end of the Old Empire. Clarity and the endeavour to reach agreement on the applicable rules were the goals of the Golden Bull. This meant that there was no longer any room for the election of opposing kings and double elections. In many cases, the legislator was able to refer to tradition and cu…

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