Omar Bennett
The German constitution, known as the Basic Law, has been amended several times since it was first enacted in 1949. The Basic Law was intended to be a provisional constitution, guiding West Germany until reunification with East Germany. However, when reunification occurred in 1990, the Basic Law was retained as the permanent constitution for the reunified nation. Over the years, the Basic Law has undergone numerous amendments, with some sources estimating the number of amendments to be around 60 to 70. These amendments have reflected social and geopolitical changes, such as the increasing ties between the Federal Republic and the West, European integration, and the reunification of Germany. The process of amending the Basic Law requires a two-thirds majority vote in the Bundestag and the Bundesrat, ensuring that any changes are thoroughly considered and approved.
| Characteristics | Values |
|---|---|
| Name of the German Constitution | The Basic Law for the Federal Republic of Germany |
| Date of Enactment | 23 May 1949 |
| Nature of the Constitution | Provisional |
| Number of Amendments | Almost 70 times |
| Latest Amendment | Balanced Budget Amendment, added in 2009 and became fully effective in 2016 |
| Amendment Process | Requires a two-thirds majority of the members of the Bundestag and the votes of the Bundesrat representing the states |
| Underlying Principles | Democracy, rule of law/Rechtsstaat, the social state, republican government and federalism |
| Influence | Influenced by occupying foreign nations, i.e., the Western Allies of World War II |
| Objective | To create a constitution that would safeguard against the emergence of either the Weimar Republic's overly fragmented, multiparty democracy or the Third Reich's authoritarianism |
| Key Elements | A strong chancellor, a strong federal representation, a strong Federal Constitutional Court, and a weak federal president |
| Basic Rights | Freedom of religion, freedom of expression, equality before the law, and human dignity |
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What You'll Learn
German constitution's 75-year history
The German constitution, known as the Basic Law, was ceremonially signed in Bonn on 23 May 1949, four years after the end of the Second World War. It was intended to be a provisional constitution, valid only until Germany was reunified. The Basic Law was adopted by West Germany and came into effect on the same day that the Federal Republic of Germany was formally established. The East of the country was in the Soviet Occupation Zone, which became the German Democratic Republic (GDR) in October 1949.
The Basic Law was drafted by a Parliamentary Council, made up of 61 men and four women representing different political groupings. They shared the goal of establishing the basis for a German democracy after the Nazi dictatorship. The Basic Law was to be a provisional document that would guide West Germany until unification.
The Basic Law has been amended many times, almost 70 times, according to one source. The first GDR Constitution, passed in 1949, was amended in 1968 and 1974 to emphasise the socialist political organisation of the East and its close relationship with the Soviet Union. Amendments to the Basic Law include the addition of affirmative action for women's rights under Article 3, and environmental protection as a policy objective of the state in Article 20a. In 1990, following German reunification, the Basic Law was retained as the constitution of reunified Germany. The Bundestag (Parliament of Germany) amended Article 146 and the Preamble of the Basic Law to state that German unification had been achieved.
In 1994, the Bundestag passed a minor constitutional reform, along with some other amendments made between 1990 and 1994. Since then, there have been only minor amendments, apart from the Balanced Budget Amendment added in 2009. In total, the Basic Law has been amended 62 times.
Despite numerous amendments, the underlying features and character of the Basic Law have remained unchanged. Political and academic experts agree that the Basic Law has stood the test of time in its 75 years of existence.
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Amendments to Basic Law
The German constitution, known as the Basic Law, came into effect in 1949. It was originally designed as a provisional constitution, to be replaced by a permanent constitution for the whole of Germany upon reunification. However, when reunification took place in 1990, the Basic Law was retained as the definitive constitution of reunified Germany.
The Basic Law has been amended numerous times, both before and after German reunification, but it has never been replaced. While the exact number of amendments is unclear, sources suggest it has been amended almost 70 times, or 62 times.
Some notable amendments include the "Emergency Laws" amendment passed in 1968, which guaranteed the state's ability to act in crisis situations and enabled the domestic deployment of the Bundeswehr (German armed forces). Another significant amendment occurred in 1994, when affirmative action was allowed in women's rights under Article 3, and environmental protection was established as a policy objective of the state in the new Article 20a.
The process of amending the Basic Law is stringent. According to Article 79, amendments require a two-thirds majority vote in both the Bundestag (German Parliament) and the Bundesrat (representatives of the states). This measure safeguards the Basic Law from being undermined by anti-democratic forces winning a parliamentary majority.
Despite the numerous amendments, the underlying features and character of the Basic Law have remained unchanged. The Basic Law is regarded as a model constitution for many countries, providing a stable framework for policymaking and protecting the rights and freedoms of all German citizens.
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Unification Treaty
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. The Basic Law was originally designed as a provisional constitution, pending the reunification of Germany.
When reunification took place in 1990, the Basic Law was retained as the constitution of reunified Germany. The Unification Treaty, signed on 31 August 1990, played a crucial role in this process. The treaty was an agreement between the Federal Republic of Germany (West Germany) and the German Democratic Republic (East Germany) to adopt the Basic Law as the constitution for all German states. This treaty amended the Basic Law to incorporate the unification agreements, including those made in the earlier Two Plus Four Treaty.
The Unification Treaty resolved that the Basic Law, with its amendments, would be adopted by the East German states. This meant that the Basic Law now applied to the entire German people, as stated in its preamble: "The Germans [...] have achieved the unity and freedom of Germany in free self-determination. This Basic Law thus applies to the entire German people."
The Unification Treaty was approved by large majorities in the legislative chambers of both East and West Germany on 20 September 1990. The following day, it passed the West German Bundesrat. The amendments to the Basic Law outlined in the Unification Treaty were then formally adopted on 23 September 1990, through a Federal Statute that enacted the incorporation of the treaty into the Law of the Federal Republic of Germany.
In addition to the Unification Treaty, several other amendments were made to the Basic Law during the reunification process. For example, Article 23 was repealed, reflecting the commitment under the Two Plus Four Treaty that, following unification, there would be no remaining "parts of Germany" to which the Berlin Republic could be extended. The Bundestag (Parliament of Germany) also amended Article 146 and the preamble of the Basic Law to affirm that German unification had been fully achieved.
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Basic Law's permanence
The Basic Law for the Federal Republic of Germany, also known as the German Basic Law, is the constitution of Germany. It was approved in Bonn on 8 May 1949 and came into effect on 23 May 1949. The Basic Law was intended to be a provisional constitution, valid only until German reunification.
When reunification took place in 1990, the Basic Law was retained as the constitution of reunified Germany. The Basic Law has been amended several times, both before and after German reunification, but it has never been replaced. The current version of the Basic Law is, therefore, a permanent constitution.
The Basic Law has been amended almost 70 times, with some sources stating 62 amendments. Amendments were made to reflect social and geopolitical changes, such as the increasing ties between the Federal Republic and the West, European integration, and German reunification. One example of an amendment is the "Emergency Laws" amendment passed in 1968, which guaranteed the state's ability to act in crisis situations.
The Basic Law can only be amended if a two-thirds majority of the Bundestag and the Bundesrat approve the changes. This measure guards against the undermining of the Basic Law's principles by anti-democratic forces in parliament. Despite numerous amendments, the underlying features and character of the Basic Law have remained unchanged.
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The future of the German constitution
The German constitution, known as the Basic Law, has been amended several times since its inception in 1949, with the underlying features and character of the law remaining unchanged. The Basic Law was originally intended to be a provisional constitution until Germany was reunified. However, when reunification occurred in 1990, the Basic Law was retained as the permanent constitution of a reunified Germany.
Another area that may shape the future amendments to the Basic Law is Germany's commitment to the European Union. The country institutionalised its membership in the EU through a new article (Article 23) in 1992, demonstrating the importance of European integration in Germany's constitutional framework. As Germany continues to play a significant role in the EU, further amendments may be made to align with evolving EU policies and regulations.
Additionally, the Basic Law has a strong focus on protecting human dignity, and this principle is expected to remain a cornerstone of the German constitution in the future. According to Article 79, any amendments to the Basic Law must uphold this fundamental principle. The Basic Law's emphasis on human dignity is a response to the crimes of Nazi Germany and serves as a safeguard against authoritarianism.
Furthermore, the Basic Law has been praised for providing a stable framework for policymaking, and this characteristic is anticipated to endure. Federal President Frank-Walter Steinmeier highlighted that the Basic Law has sustained the country well, even during challenging times. The Basic Law's ability to adapt to changing circumstances while preserving its core principles is expected to continue guiding Germany's legal and political landscape.
In conclusion, while the German constitution, or the Basic Law, was initially intended as a provisional measure, it has become the country's permanent constitution. The future of the Basic Law is likely to involve amendments that reflect social and geopolitical changes, address discussions surrounding East German history, reinforce Germany's commitment to the European Union, uphold the protection of human dignity, and maintain the stable framework that has proven effective in policymaking.
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Frequently asked questions
The German constitution, known as the Basic Law, has been amended almost 70 times.
The Basic Law was enacted in 1949, four years after the end of World War II.
The Basic Law is significant as it provides the legal basis for the Federal Republic of Germany and is regarded as a model for many countries. It features five fundamental principles: democracy, rule of law, the social state, republican government, and federalism.
One notable amendment to the Basic Law was the "Emergency Laws" amendment passed in 1968, which guaranteed the state's ability to act in crisis situations such as natural disasters, uprisings, and wars. Another example is the constitutional reform of 1994, which included allowing affirmative action for women's rights and adding environmental protection as a policy objective.
According to Article 79, the Basic Law can only be amended with the approval of two-thirds of the members of the Bundestag and the votes of the Bundesrat, representing the states. This process ensures that any changes are thoroughly considered and protect the underlying principles of the constitution.
