Free state (polity)
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Free state (polity)

Free state is a term occasionally used in the official titles of some states throughout the world with varying meanings depending on the context. In principle, the title asserts and emphasises a particular freedom of the state in question, but this is not always reflected in practice. Some states use the title to assert sovereignty or independence from foreign domination, while others have used it to assert autonomy within a larger nation-state. Sometimes "free state" is used as a synonym for "republic".

The republican sense of the term derives from libera res publica (literally, "the free public thing/affair"), a term used by Latin historians for the period of the Roman Republic, though not all "free states" have been republics. The historical German free states and the Orange Free State of Southern Africa were republican in form, while the Congo Free State and Irish Free State were governed under forms of monarchy.

English Parliament, in the act forming the Commonwealth of England of 1649 to 1660, declared that "England is confirmed to be a Commonwealth and Free State and shall from henceforth be Governed as a Commonwealth and Free State." The Commonwealth had a republican constitution.

In Germany, the term free state (in German, Freistaat pronounced [ˈfʁaɪ̯ˌʃtaːt] ) comes from the 19th century as a German word for republic. After the German Revolution of November 1918, when Imperial Germany became a democratic republic, most of the German states within the German Reich called themselves a Free State. Others used expressions like Republik or Volksstaat (people's state) – though unpopular, as that term was associated with the enemy France.

After the Nazis came to power, they abolished the concept of a federal republic and a system of Gaue, with appointed Gauleiter leadership, largely took over the administrative functions of Germany, although de jure the states were not formally abolished.

After World War II states resumed their administrative role within the reduced borders of Allied-occupied Germany, albeit in a substantially re-organised form, with most of the new states being formed from the merger of several previous smaller states and Prussian Provinces. In East Germany all the reconstituted states used the title Land; they ceased to exist in 1952, being replaced with districts. In West Germany, only Bavaria still called itself a Free State and that made Freistaat an informal synonym for Bavaria. After the reunification, the re-established Saxony used the name again in 1992 and Thuringia began to use it for the first time in 1993 (its Weimar-era predecessor having always been Land Thüringen).

Historically, Germany had Imperial Free Cities, who were subject only to the Emperor of the Holy Roman Empire. During the French Revolutionary and Napoleonic Wars the empire was substantially reorganised. In particular the 1803 Reichsdeputationshauptschluss saw the vast majority of the empire's free cities "mediatised" to other states. The empire finally fell in 1806. Napoleon annexed the final free cities – Hamburg, Bremen, Lübeck – in 1811. In 1815, with the Napoleonic Wars over the German Confederation was established by the Congress of Vienna in the place of the Holy Roman Empire and four free cities were re-established, now as sovereign entities within the confederation: Hamburg, Bremen, Lübeck and Frankfurt. Frankfurt was annexed by Prussia in 1866 following the Austro-Prussian War; the North German Confederation was established in place of the German Confederation in 1867, which became the German Empire in 1871. Lübeck lost its status in 1937 (Greater Hamburg Act). Since 1949, the Federal Republic of Germany has Hamburg (Freie und Hansestadt, Free and Hanseatic City) and Bremen (Freie Hansestadt), as well as Berlin, as a city which is also a state. Like the Free States these three cities have no special rights in the federation.

According to the Versailles Treaty, Danzig (Gdańsk) was split off from Germany in 1920, becoming the Free City of Danzig (Freie Stadt Danzig). Napoleon had also established Danzig as a free city in 1807.

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