Simone Lawson
Germany's constitution is called the Basic Law for the Federal Republic of Germany (Das Grundgesetz für die Bundesrepublik Deutschland (GG)). It was adopted in 1949 as a provisional constitution for the German states in the western zone of occupation administered by the United States, Great Britain, and France in the aftermath of World War II. The Basic Law has been amended several times since its adoption, but it has never been replaced. It has served as Germany's permanent constitution and has been subject to over 60 amendments.
| Characteristics | Values |
|---|---|
| Name | Basic Law for the Federal Republic of Germany (Das Grundgesetz für die Bundesrepublik Deutschland (GG)) |
| Other Names | Fundamental Law, Weimar Constitution |
| Type | Provisional constitution |
| Year | 1949 |
| Date | 23 May |
| Location | Bonn |
| Amendments | Over 60 |
| Basic Rights | Freedom of religion, freedom of expression, equality before the law, equality for women and men |
| Guardian | German Federal Constitutional Court (Bundesverfassungsgericht) |
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What You'll Learn
The German Basic Law
The Basic Law was prepared by a committee of experts and civil servants, who met for almost two weeks in August 1948 at Herrenchiemsee Castle in Bavaria. Individual MPs from the parliaments of the federal states were appointed to form a Parliamentary Council, which further developed the draft and passed the Basic Law. The Parliamentary Council also demanded equal rights for women and sharpened basic rights, including the right to freedom of religion, freedom of expression, and equality before the law.
The Basic Law set out the fundamental state system, values, and the people's fundamental rights. It protects the people from arbitrariness, injustice, and violence by the state. Some rights apply to all people in Germany, while others are exclusive to German citizens. The rights covered include human dignity, freedom of speech, religion, assembly, and other aspects of life.
The Basic Law has been amended several times since its adoption, particularly following increasing ties with the West, European integration, and German reunification. Changes to the Basic Law require a two-thirds majority by each of the two houses of parliament, the Bundestag and the Bundesrat. The guardian of the Basic Law is the German Federal Constitutional Court, which is both an independent constitutional organ and part of the judiciary in the sectors of constitutional law and public international law.
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Unification Treaty of 1990
Germany does have a written constitution, known as the Basic Law (Grundgesetz). It was adopted in 1949 as a provisional framework for the basic organisation of the state until German reunification.
The Unification Treaty of 31 August 1990 was an agreement between the governments of the Federal Republic of Germany (FRG) and the German Democratic Republic (GDR) to restore German unity. The treaty described the manner and specifics of the GDR's accession to the Federal Republic, with Eastern Germany joining the West and five new federal states (Länder) and the reunified city-state of Berlin being created. The parliaments of West and East Germany approved the treaty with two-thirds majorities.
The Unification Treaty was signed following several developments in 1989 and 1990, collectively termed Die Wende and the Peaceful Revolution, which led to the fall of the Berlin Wall and the collapse of the SED party in East Germany. On 18 March 1990, a national election was held in the GDR, resulting in a victory for parties that favoured German reunification. The Unification Treaty allowed for the reunification of Germany as a fully sovereign state, with the Basic Law becoming the constitution for the whole of Germany on 3 October 1990.
The Unification Treaty was also known as the Treaty on the Final Settlement with Respect to Germany or the Two Plus Four Agreement. It was negotiated between the two German states, as well as the Four Powers that had occupied Germany at the end of World War II: France, the Soviet Union, the United Kingdom, and the United States. The treaty replaced the 1945 Potsdam Agreement, which had established the terms of Germany's surrender and occupation. Under the Unification Treaty, the Four Powers renounced all rights they previously held in Germany, including those related to the city of Berlin. This renunciation allowed Germany to regain full sovereignty, which it achieved on 15 March 1991.
The Unification Treaty and the subsequent reunification of Germany marked a significant turning point in international relations, ending the division of Europe that had persisted since the end of World War II. It also had implications for NATO, as the former GDR joined the Federal Republic of Germany in its membership of NATO, despite initial promises that NATO would not expand eastward.
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Amendments to the Basic Law
The Basic Law for the Federal Republic of Germany, which came into effect in 1949, was originally designed as a provisional constitution. It was adopted initially as a framework for the basic organisation of the state until German reunification. The name "Basic Law" was intended to express its provisional nature.
The Basic Law has been amended several times since 1949. It has been the subject of over 60 amendments, with sources differing on the exact number. Changes to the Basic Law must be passed with a two-thirds majority by each of the two houses of parliament, the Bundestag and the Bundesrat.
Other significant amendments to the Basic Law include constitutional provisions for rearmament in 1956 and emergency legislation in 1968. Additionally, major constitutional reforms were enacted in 1994, 2006, and 2009 to reorganise the federalist competences and financial structures of Germany.
The guardian of the Basic Law is the German Federal Constitutional Court (Bundesverfassungsgericht), which is both an independent constitutional organ and part of the judiciary in the sectors of constitutional law and public international law. The court has the power to nullify statutes that violate the Basic Law, and it has exercised this power on several high-profile occasions.
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The Weimar Constitution
Germany does have a written constitution, which came into effect in 1949. It is known as the Basic Law (or "Grundgesetz" in German) and is the constitution of the Federal Republic of Germany.
Now, here is some detailed information about The Weimar Constitution:
One of the most significant provisions of the Weimar Constitution was Article 48, which granted the president the authority to act without the approval of parliament in an emergency. However, the lack of a clear definition of an 'emergency' led to the overuse of this power, undermining Germans' faith in democracy and contributing to the rise of Hitler.
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The Federal Constitutional Court
Germany does have a written constitution, which came into effect in 1949. Known as the 'Basic Law' (or 'Grundgesetz' in German), it was originally designed as a provisional constitution until German reunification.
The main task of the FCC is judicial review, and it may declare legislation unconstitutional, rendering them ineffective. The court's jurisdiction is focused on constitutional issues and the compliance of all governmental institutions with the constitution. The FCC can rule acts of any branch of the state—the legislature, executive, and judiciary—as unconstitutional if they violate the Basic Law. This includes formal violations, such as exceeding powers, and material conflicts, such as a failure to respect civil rights.
The FCC has the power to ban political parties that threaten the existence of Germany or seek to abolish the free democratic basic order. The court can also hear complaints regarding federal judges infringing on the principles of the Basic Law or the constitutional order of a state. If a violation is found to be intentional, the FCC may remove the judge from office.
The FCC is famous for nullifying several high-profile laws passed by large majorities in parliament, including the Luftsicherheitsgesetz, which would have allowed the Bundeswehr to shoot down civilian aircraft in the event of a terrorist attack.
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Frequently asked questions
Yes, Germany has a written constitution called the Basic Law for the Federal Republic of Germany (Das Grundgesetz für die Bundesrepublik Deutschland (GG)).
The Basic Law was adopted in 1949 as a provisional constitution for the German states in the western zone of occupation administered by the United States, Great Britain, and France in the aftermath of World War II.
The Basic Law includes basic rights such as the right to freedom of religion, freedom of expression, and equality before the law. It also outlines the structure of the German government, including a strong chancellor, a strong federal representation, a strong Federal Constitutional Court, and a weak federal president.
Yes, the Basic Law has been amended several times since its adoption in 1949. It has been subject to over 60 amendments, including constitutional provisions for rearmament in 1956 and emergency legislation in 1968. Changes to the Basic Law require a two-thirds majority vote in both houses of parliament, the Bundestag and the Bundesrat.
