Omar Bennett
The Basic Law for the Federal Republic of Germany (German: Grundgesetz für die Bundesrepublik Deutschland) is the constitution of Germany. It was approved in 1949 as a provisional constitution, but when Germany reunified in 1990, it was retained as the definitive constitution. The Basic Law has been amended several times, both before and after reunification, but it has never been replaced. Amendments must be made explicitly, and the concerning article must be cited. While Articles 1 and 20, the fundamental rights in Articles 1 to 19, and key elements of the federalist state cannot be removed, Parliament can amend the constitution with a two-thirds majority, adding, revoking, or changing other articles.
| Characteristics | Values |
|---|---|
| Name of the constitution | Basic Law for the Federal Republic of Germany |
| Other names | Grundgesetz, German Basic Law |
| Nature of the constitution | Provisional |
| Year of enactment | 1949 |
| Amendments | Allowed with a 2/3rds majority |
| Articles that cannot be amended | Articles 1 and 20 |
| Number of times amended | 62 |
| Last amended | 22 March 2025 |
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What You'll Learn
The German Basic Law came into effect in 1949
The German Basic Law, enacted in 1949, is the constitution of the Federal Republic of Germany. It was approved in Bonn on 8 May 1949 and came into effect on 23 May, after being approved by the occupying western Allies of World War II on 12 May. The Basic Law was designed as a provisional constitution, with the expectation that a reunified Germany would adopt a new constitution. This is stipulated in Article 146 of the Basic Law, which states that such a constitution must be "freely adopted by the German people".
The Basic Law has been amended several times, both before and after German reunification. For example, in 1955, Article 87a was added, allowing the creation of federal armed forces, the Bundeswehr. However, the fundamentals of the constitution, as outlined in Articles 1 and 20, cannot be removed or amended. These articles include the protection of the division of state powers into the legislative, executive, and judicial branches, as well as the guarantee of basic rights such as freedom of religion, freedom of expression, and equality before the law.
The process of amending the Basic Law is outlined in Article 79 (3) (entrenchment clause). It states that amendments must be made explicitly by a law that expressly amends or supplements the text. Additionally, a two-thirds majority is required to make any changes, additions, or revocations to the Basic Law.
Despite being intended as an interim measure, the Basic Law has become Germany's permanent constitution. It has been recognised as a prominent example of modern constitutionalism, featuring five fundamental principles: democracy, rule of law, the social state, republican government, and federalism. These principles are expressly guaranteed and protected against constitutional amendment.
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Amendments must be made explicitly
The German Basic Law, enacted in 1949, is the constitution of the Federal Republic of Germany. It was originally designed as a provisional constitution, but when Germany reunified in 1990, it was retained as the definitive constitution. The Basic Law has been amended several times, but it has never been replaced.
When the Basic Law is amended, it must be done explicitly, and the concerning article must be cited. This is in contrast to the Weimar Constitution, which could be amended without notice; any law passed with a two-thirds majority vote was not bound by the constitution.
Under the Basic Law, certain fundamental elements of the constitution cannot be removed. This includes the fundamentals of the constitution outlined in Articles 1 and 20, the fundamental rights in Articles 1 to 19, and key elements of the federalist state. The protection of the division of state powers into the legislative, executive, and judicial branches, as provided by Article 20, is especially important. This clear separation of powers was considered essential to prevent measures like the over-reaching Enabling Act of 1933, which effectively ended the Weimar Republic and led to the dictatorship of Nazi Germany.
Article 79 (3) (entrenchment clause) of the Basic Law stipulates that amendments affecting the division of the Federation into Länder, their participation in principle in the legislative process, or the principles laid down in Articles 1 and 20 are inadmissible.
The process of amending the Basic Law is well-defined and requires a two-thirds majority in parliament. This ensures that any changes to the constitution are carefully considered and broadly supported.
In summary, the German Basic Law can be amended, but amendments must be made explicitly, and certain fundamental elements of the constitution are protected and cannot be changed. This explicit amendment process is a key feature of Germany's constitutional law and helps maintain the integrity and stability of the constitution.
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Articles 1 and 20 cannot be amended
The German constitution, known as the Basic Law for the Federal Republic of Germany, can be amended under certain conditions. However, Articles 1 and 20 of the Grundgesetz (Basic Law) are protected by the so-called eternity clause ("Ewigkeitsklausel") in Article 79 (3), which explicitly prohibits any changes or removal of the principles outlined in these articles.
Article 1 of the German constitution establishes the principle of the inviolability of human dignity and the direct applicability of human rights as fundamental rights. This article ensures that human dignity is respected and protected by all state authorities, and it serves as the basis for the recognition of universal human rights.
Article 20, on the other hand, outlines the fundamental principles of the German state. It enshrines the commitment to democracy, republicanism, social responsibility, federalism, and the rule of law. This article also guarantees the separation of powers into the legislative, executive, and judicial branches, which is crucial for maintaining a balanced and effective system of governance.
The protection of Articles 1 and 20 under the eternity clause highlights the significance placed on human dignity, fundamental rights, and the core principles of the German state. This safeguard ensures that these foundational aspects of the constitution remain unchanged, even if the normal amendment process is followed. It provides a stable framework for the protection of human rights and the functioning of the state, helping to prevent the consolidation of power that led to the dictatorship in Nazi Germany.
While Articles 1 and 20 themselves cannot be amended, it is worth noting that Article 146 of the Basic Law stipulates that the entire constitution can be replaced if the German people vote for a new one. This provision allows for the possibility of a new constitution that reflects the will and needs of a united and free Germany.
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The Basic Law has been amended 62 times
The Basic Law for the Federal Republic of Germany, also known as Grundgesetz, is the constitution of the Federal Republic of Germany. It was approved in 1949 as a provisional constitution, pending the reunification of Germany. However, when reunification occurred in 1990, the Basic Law was retained as the definitive constitution. It has since been amended 62 times, with the most recent amendments being influenced by increasing ties between the Federal Republic and the West, European integration, and German reunification.
The Basic Law can be amended, but this must be done explicitly, with the concerning article cited. A two-thirds majority is required to amend the constitution, and some articles, such as Articles 1 and 20, cannot be removed or changed. These articles address fundamental rights, the division of state powers, and the principles of human dignity and inviolable human rights.
One significant amendment to the Basic Law occurred in 1955 with the addition of Article 87a, which allowed for the creation of the federal armed forces, the Bundeswehr. This amendment ensured that the new armed forces had no legal or constitutional continuity with the military forces of the Weimar Republic or WWII Germany.
Another notable amendment took place in 1990, following the reunification of Germany. The preamble was modified to state that Germans had "achieved the unity and freedom of Germany in free self-determination," extending the Basic Law's application to the citizens of the former German Democratic Republic. This amendment also involved changes to Article 23, which initially provided for "'other parts of Germany' to 'join the area of applicability of the Basic Law', facilitating German reunification from a constitutional standpoint.
The amendments to the Basic Law reflect Germany's evolving political and economic landscape, demonstrating the adaptability of the country's constitution to address new challenges and societal changes.
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The Basic Law was retained after German reunification
The German Basic Law, also known as the Grundgesetz, is the constitution of the Federal Republic of Germany. It was approved in Bonn on 8 May 1949 and came into effect on 23 May, after being approved by the occupying western Allies of World War II. It was termed "Basic Law" to indicate that it was a provisional piece of legislation pending the reunification of Germany.
The Basic Law was originally designed as a provisional constitution for a partial state in the west under the auspices of the military government of the three victorious powers: Great Britain, France, and the USA. The drafters of the Basic Law did not intend for it to become a permanent constitution. It was created as an interim arrangement for a provisional West German state, with the expectation that a reunified Germany would adopt a proper constitution, enacted under the provisions of Article 146 of the Basic Law. This article stipulates that such a constitution must be "freely adopted by the German people".
However, when reunification took place in 1990, the Basic Law was retained as the definitive constitution of reunified Germany. The amended Basic Law was approved by all four Allied Powers in 1990, who relinquished their reserved constitutional rights. The Basic Law's original field of application consisted of the three Western Allies' zones of occupation, but at the insistence of the Western Allies, formally excluded West Berlin. The Basic Law was amended in accordance with the terms of the Two Plus Four Treaty, which included the unification of East and West Berlin into a new city-state.
The Basic Law has been amended several times since its adoption in 1949, including in 1955 with the addition of Article 87a, which allowed the creation of federal armed forces, the Bundeswehr. The process of German reunification was facilitated by the Basic Law, specifically through Article 23, which provided for "'other parts of Germany' to 'join the area of applicability of the Basic Law'. This article was used for German reunification from a constitutional standpoint and was fulfilled by reunification itself. The question of using Article 146 to draw up a new constitution was left to the first all-German Bundestag, which decided against it. Instead, they passed the constitutional reform of 1994, along with other amendments between 1990 and 1994.
While the Basic Law can be amended, there are certain articles that cannot be changed. Articles 1 and 20, which cover fundamental rights and the division of state powers, are protected by an entrenchment clause (Article 79 (3)) and cannot be amended.
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Frequently asked questions
Yes, the German constitution, known as the Basic Law for the Federal Republic of Germany, has been amended several times, both before and after German reunification. Amendments must be made explicitly, with the concerning article cited.
The Basic Law can be amended with a two-thirds majority in parliament. This could involve adding, revoking or changing articles.
Yes, Articles 1 and 20 of the Grundgesetz, which cover human dignity and basic rights, cannot be changed. The division of state powers into the legislative, executive and judicial branches is also protected and cannot be removed.
No, the Basic Law was originally intended as a provisional constitution, but it has become Germany's permanent constitution. It was retained as the definitive constitution when Germany reunified in 1990.
