Jonah Patel
The German Basic Law, enacted in 1949, has been amended several times, both before and after German reunification in 1990. The Basic Law was originally designed as a provisional constitution for a West German state, but it became the permanent constitution of reunified Germany. Amendments to the Basic Law are made through a normal amendment process, although certain fundamental principles, such as democracy, the rule of law, and federalism, are protected against constitutional amendment. For example, in 2025, Germany's Basic Law was amended to authorize increases in defense, infrastructure, and some foreign aid spending, demonstrating the country's commitment to investing in defense and its evolving constitutional landscape.
| Characteristics | Values |
|---|---|
| Name | German Basic Law |
| Year of Enactment | 1949 |
| Amendments | 62 times, including amendments in 1990 |
| Amendment Process | Two-thirds vote required in the Bundestag |
| Key Elements | Strong chancellor, strong federal representation, strong Federal Constitutional Court, weak federal president |
| Fundamental Principles | Democracy, rule of law, the social state, republican government, and federalism |
| Basis | Inviolable and inalienable human rights |
| Rights Guaranteed | Freedom of religion, freedom of expression, equality before the law, freedom of assembly, freedom of association |
| Application | Applicable to the Federal Republic of Germany, including West Berlin |
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What You'll Learn
German Basic Law: a provisional constitution
The German Basic Law, enacted in 1949, was originally designed as a provisional constitution for a 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 term "constitution" was avoided as the drafters regarded the Grundgesetz as an interim arrangement for a provisional West German state, expecting that a reunified Germany would adopt a proper constitution.
The Basic Law features five fundamental principles: democracy, rule of law/Rechtsstaat, the social state, republican government, and federalism. These principles are expressly guaranteed and protected against constitutional amendment. The Basic Law also includes basic rights such as freedom of religion, freedom of expression, and equality before the law.
Despite its intended provisional nature, the Basic Law has been amended numerous times and remains the constitution of reunified Germany. In 1990, following the fall of the Communist regime in East Germany, the GDR's parliament declared the accession of the GDR to the Federal Republic of Germany. This led to the repeal of Article 23, which had provided for "other parts of Germany" to "join the area of applicability of the Basic Law". Instead of adopting a new constitution, the Bundestag amended Article 146 and the Preamble of the Basic Law to state that German unification had been fully achieved.
The Basic Law has continued to be amended to meet the changing needs of Germany. For example, in 2025, there was a vote to amend the constitution to authorize increases in defence, infrastructure, and some foreign aid spending, demonstrating the adaptability of the Basic Law to address contemporary issues.
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Amendments: before and after reunification
The German Basic Law, enacted in 1949, was designed as a provisional constitution for West Germany, with the expectation that a reunified Germany would adopt a new constitution. However, when reunification occurred in 1990, the Basic Law was retained as the definitive constitution for the reunified nation. This retention involved amendments to the Basic Law, including repealing Article 23, which had facilitated the accession of East Germany to the Federal Republic, and amending Article 146 to affirm the irreversibility of unification.
The Basic Law has been amended numerous times, both before and after reunification, to accommodate evolving circumstances. For instance, amendments were made to strengthen ties with the West, advance European integration, and address issues related to German reunification. In March 2025, an amendment was passed to authorise increases in defence, infrastructure, and certain foreign aid spending, financed through additional borrowing. This amendment was notable as it went against Germany's historical aversion to incurring public debt.
The process of amending the German constitution, or Basic Law, involves specific procedures. While the Basic Law itself does not outline a formal amendment procedure, there are implicit rules and principles that govern the process. One key principle is that certain fundamental rights and principles are protected from amendment. These include the five fundamental principles of democracy, rule of law, the social state, republican government, and federalism, as well as the guarantee of human dignity and human rights outlined in Article 1.
To amend other parts of the Basic Law, a two-thirds majority vote is typically required in both chambers of the German parliament, the Bundestag and the Bundesrat. This supermajority requirement ensures that any changes to the constitution reflect broad consensus and safeguard against hasty or partisan alterations. The amendment process can also involve negotiations and agreements between different parts of Germany, as well as consultations with Allied Powers, as was the case during reunification.
In summary, the German Basic Law has undergone amendments both before and after reunification. The process of amending the constitution involves a two-thirds majority vote in parliament, respecting certain fundamental rights and principles, and can include negotiations between various stakeholders. The retention of the Basic Law as the constitution of reunified Germany in 1990 was a significant moment in the nation's constitutional history, solidifying the unity of the German state.
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The Bundestag's two-thirds majority vote
The German Basic Law, enacted in 1949, has been amended several times, both before and after German reunification. The Basic Law was initially designed as a provisional constitution for a West German state, with the expectation that a reunified Germany would adopt a permanent constitution. However, when reunification occurred in 1990, the Basic Law was retained and amended to reflect the new unified state.
One of the key features of the German Basic Law is its strong federal representation, which includes the Bundestag, or the German Parliament. The Bundestag plays a crucial role in the process of amending the German constitution. To amend the constitution, a two-thirds majority vote is required in the Bundestag. This supermajority requirement ensures that any changes to the constitution have broad support and are not easily enacted.
The two-thirds majority vote in the Bundestag is a significant hurdle to amending the German constitution. It means that any proposed amendment must gain the support of at least two-thirds of the members of the Bundestag. This supermajority requirement is intentional, making it difficult to make hasty or controversial changes to the constitution without a strong consensus.
In March 2025, for example, the Bundestag voted on a constitutional amendment to authorize increases in defence, infrastructure, and certain foreign aid spending. This amendment was notable because it involved changing the provisions of the Basic Law, which has only been amended 62 times since its inception. The vote successfully passed with the required two-thirds majority, demonstrating the Bundestag's ability to make substantial changes to the constitution when a broad consensus is achieved.
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The Basic Law's five principles
The Basic Law for the Federal Republic of Germany came into effect in 1949 as a provisional constitution. 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 retained as the definitive constitution of reunified Germany following reunification in 1990.
The Basic Law outlines five key principles, which are protected by the eternity clause ("Ewigkeitsklausel") in Article 79(3) and cannot be removed even if the normal amendment process is followed. These principles are:
- Democracy: All state authority is derived from the people and shall be exercised by the people through elections and other votes, as well as through specific legislative, executive, and judicial bodies.
- Republicanism: The constitutional order in the Länder must conform to the principles of a republican, democratic, and social state governed by the rule of law.
- Social Responsibility: The state shall be mindful of its responsibility towards future generations and shall protect the natural foundations of life and animals by legislation and executive and judicial action.
- Federalism: The Basic Law establishes a strong federal representation and guarantees equal rights for women.
- Rule of Law: The Basic Law guarantees fundamental rights, including freedom of religion, freedom of expression, and equality before the law.
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The Weimar Constitution vs. Basic Law
The Weimar Constitution, or the Constitution of the German Reich, was the constitution that governed Germany during the Weimar Republic era. It was drafted in 1919 in Weimar by the victorious parties of the Social Democrats (SPD), following World War I. The Weimar Constitution created a federal semi-presidential republic with a parliament consisting of two houses: the Reichstag (lower house) and the Reichsrat (upper house). The president held supreme command over the military and had extensive emergency powers, including the ability to suspend civil rights and use armed force to address a serious threat to public safety.
The Weimar Constitution included civic rights such as freedom of speech, religion, and habeas corpus. However, it did not consider these rights as fundamental, instead listing them as "state objectives". This left the Weimar Constitution vulnerable to exploitation, as was the case in 1933 when Chancellor Adolf Hitler and President Paul von Hindenburg used Article 48 to legally abolish key civil liberties, facilitating the establishment of a dictatorship.
Following World War II, the Weimar Constitution was theoretically re-established, but its validity during the Allied occupation of Germany from 1945 to 1949 was overridden by the Allies' power. The failure of the Weimar Republic and the subsequent rise of the Nazi regime led by Hitler were characterised as a 'failed state' and a 'criminal state', respectively. This perception of institutional and constitutional weakness influenced the creation of a new constitution, known as the Basic Law for the Federal Republic of Germany.
The Basic Law came into effect in 1949 and was designed as a provisional constitution for a federal and democratic Germany. The Basic Law sought to address the flaws of the Weimar Constitution by strengthening the constitutional position of the federal government and parliament while limiting the power of the president, who was no longer in supreme command of the armed forces. The Basic Law also guaranteed fundamental rights, such as freedom of religion, expression, and equality before the law, with Article 1 establishing the principle of the inviolability of human dignity and human rights.
While the Basic Law retained some elements of the Weimar Constitution, such as the articles dealing with the state's relationship to Christian denominations, it aimed to create a more stable and democratic Germany, ensuring that a potential dictator would never again rise to power.
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Frequently asked questions
The German Basic Law is the constitution of Germany. It came into effect in 1949 as a provisional constitution for West Germany, and was retained as the definitive constitution upon German reunification in 1990.
The German Basic Law has been amended several times, both before and after reunification. For example, Article 23, which allowed for "other parts of Germany" to "join the area of applicability of the Basic Law", was repealed in 1990. Another amendment in 2025 concerned increased defence, infrastructure, and foreign aid spending.
Amendments to the German Basic Law must pass a two-thirds vote in both chambers of the German parliament, the Bundestag and the Bundesrat.
