Simone Lawson
The German constitution is called the Basic Law for the Federal Republic of Germany (German: Grundgesetz für die Bundesrepublik Deutschland). The Basic Law was approved in 1949 as an interim constitution for West Germany, and it came into effect on 23 May 1949. The name Basic Law was chosen instead of constitution to indicate that it was a provisional piece of legislation pending the reunification of Germany. The Basic Law establishes a parliamentary system of government that incorporates many features of the British system, and it has been applying to all of Germany since the reunification of 1990.
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What You'll Learn
The Basic Law
Article 1 is the most important article in the Basic Law. All other fundamental rights refer to this article. It states that every person is valuable because they are human, and that the dignity of every human being must be protected. Other fundamental rights include the right to assemble peacefully and unarmed (Article 7), the right to form associations (Article 9), and the right to resist any person seeking to abolish the constitutional order (Article 8).
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Human rights
The constitution of the Federal Republic of Germany is called the "Basic Law" ("Grundgesetz" in German). It was approved in 1949 as an interim constitution for West Germany, and it has been applying to all of Germany since the reunification of 1990. The Basic Law includes a formal declaration of the principles of human rights and bases for the government of the people.
The Basic Law's Article 1 is the most important article, as all other fundamental rights refer to it. It states that every person is valuable because they are human, and this value is called dignity. All people are equally valuable, and their dignity must be protected, regardless of age, wealth, citizenship, etc. These rights are protected by the so-called eternity clause ("Ewigkeitsklausel") Article 79 (3), which prohibits any changes to the principles laid down in Articles 1 and 20.
Article 8 of the Basic Law is a civil right that applies only to German citizens. It grants all Germans the right to assemble peacefully and unarmed, without prior notification or permission. Non-Germans can also assemble in Germany, as per the European Convention on Human Rights and the UN Convention on Human Rights. People can speak freely and criticise the state, but carrying weapons at assemblies is prohibited.
Article 9 of the Basic Law guarantees freedom of association for all Germans. It states that all Germans have the right to form associations and societies, such as private limited companies. However, associations whose aims or activities contravene criminal laws or are directed against the constitutional order or international understanding are prohibited.
Article 21 of the Basic Law states that political parties may be freely established and participate in forming the political will of the people. Their internal organisation must conform to democratic principles, and they must publicly account for their funding sources and assets.
Article 17 of the Basic Law states that everyone in Germany can directly take their requests or complaints to the government or the authorities. The state must examine and respond to all requests or complaints.
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Democracy
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 an interim constitution for West Germany, and it came into effect on 23 May 1949. The Basic Law was retained as the definitive constitution upon Germany's reunification in 1990.
The Basic Law establishes a parliamentary system of government that incorporates many features of the British system. However, as it also created a federal system, many political structures were drawn from the models of the United States and other federal governments. The Basic Law grants the states considerable autonomy, a reaction to the centralization of power during the Nazi era.
The Basic Law has two other features similar to the Constitution of the United States: a formal declaration of the principles of human rights and bases for the government of the people, and the strongly independent position of the courts, especially in the right of the Federal Constitutional Court to void a law by declaring it unconstitutional.
The Basic Law seeks to ensure that a potential dictator would never again be able to come to power in Germany. To this end, it guarantees fundamental rights, including the right to assemble peacefully and unarmed, the right to form associations, and the right to resist any person seeking to abolish the constitutional order.
Articles 1 and 20 of the Basic Law, which enshrine the principles of democracy, republicanism, social responsibility, federalism, and the rule of law, are protected by the so-called eternity clause (Ewigkeitsklausel) in Article 79 (3). This clause prohibits any changes to or removal of the principles laid down in Articles 1 and 20.
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Federalism
The German constitution, the Grundgesetz (Basic Law), came into effect on 23 May 1949, after being approved by the occupying Western Allies of World War II. The Basic Law establishes a federal system of government, with the states being granted considerable autonomy. This was in reaction to the centralization of power during the Nazi era, which the authors of the Basic Law sought to prevent from ever happening again.
The Basic Law outlines the principles of human rights and bases for the government of the people. It also establishes the independence of the courts, specifically the right of the Federal Constitutional Court to void a law by declaring it unconstitutional. The Federal Constitutional Court is in charge of monitoring and assuring compliance with the Basic Law, and the government cannot simply amend it.
The Basic Law guarantees fundamental rights, such as the right to assemble peacefully and unarmed, the right to form associations, and the right to resist any person seeking to abolish the constitutional order if no other remedy is available. It also outlines the rights of liberty and equality before the law, stating that everyone has the right to life and to the inviolability of their person, and that all persons are equal regardless of sex, race, language, religion, or political opinion.
The Basic Law also addresses the structure of the German government, including the role of the Bundestag, the chancellor, and the president. The Bundestag is the cornerstone of the German system of government, consisting of about 600 members drawn from the majority party or proportionally from the parties forming a coalition. The president is the formal chief of state, but they do not have the power to unseat a government or call upon a political leader to form a new government in a crisis.
In conclusion, the Grundgesetz (Basic Law) is the constitution of the Federal Republic of Germany, establishing a federal system of government with a strong emphasis on human rights, fundamental freedoms, and the independence of the judiciary. It serves as the foundation for the German government's structure and authority, protecting against the centralization of power and promoting democratic values.
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Reunification
The German constitution is called the Basic Law for the Federal Republic of Germany ("Grundgesetz" für die Bundesrepublik Deutschland in German). The Basic Law was approved in West Germany in 1949 as an interim constitution, with the explicit aim of a future free and united German state. The Basic Law was retained as the definitive constitution of reunified Germany in 1990.
The Basic Law was established in reaction to the centralization of power during the Nazi era. It sought to ensure that a dictator would never again be able to come to power in the country. The Basic Law grants the states considerable autonomy and establishes a federal system of government. It incorporates many features of the British parliamentary system, as well as drawing from the models of other federal governments, such as that of the United States.
The Basic Law outlines the fundamental rights of German citizens, with a strong focus on human rights and dignity. Article 1, the most important article, states that every person has inherent dignity and value as a human being, and that this dignity must be protected. This article forms the basis of all other fundamental rights outlined in the Basic Law.
The Basic Law also establishes the structure and authority of the German government. It outlines the roles of various governmental bodies, including the Bundestag, the chancellor, and the president. The Basic Law provides for the formation of political parties and ensures the right to free assembly and association.
The Federal Constitutional Court plays a crucial role in upholding the Basic Law. It is responsible for monitoring compliance with the constitution and has the power to declare laws unconstitutional. This strong and independent position of the courts is another feature that distinguishes the Basic Law from the Weimar Constitution.
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Frequently asked questions
The name of the German constitution is the Basic Law for the Federal Republic of Germany.
The German constitution is called the Basic Law because the Ministerpräsidenten wanted to make it clear that any West German state was not a definite state for the German people and that future German self-determination and reunification were still on the agenda.
The Basic Law was approved in Bonn on 8 May 1949 and came into effect on 23 May after having been approved by the occupying Western Allies of World War II on 12 May.
The Basic Law establishes a parliamentary system of government that incorporates many features of the British system. It also created a federal system, granting the states considerable autonomy. The key principles of the Basic Law include democracy, republicanism, social responsibility, federalism, and the rule of law.
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