Simone Lawson
The Basic Law for the Federal Republic of Germany, also known as the German constitution, was approved in Bonn on 8 May 1949 and came into effect on 23 May 1949. The constitution was drafted as a provisional arrangement for a divided Germany, with the intention of unifying the country once the German people were free to make their own decisions. The Basic Law was designed to ensure that a potential dictator would never again come to power in Germany, and it includes fundamental rights such as freedom of religion, freedom of expression, and equality before the law. Over the years, the Basic Law has been amended numerous times to reflect social and geopolitical changes, including the reunification of Germany in 1990.
| Characteristics | Values |
|---|---|
| Date written | 8 May 1949 |
| Date of effect | 23 May 1949 |
| Type | Provisional constitution |
| Purpose | To act as a transitional arrangement until the German people as a whole were free to make their own decisions |
| Applicability | Federal Republic of Germany (West Germany) |
| Key elements | Strong chancellor, strong federal representation, strong Federal Constitutional Court, weak federal president |
| Basic rights | Freedom of religion, freedom of expression, equality before the law, freedom of association, right to join trade unions, right to asylum for refugees |
| Amendments | Almost 70 times, including in 1956 to provide a constitutional framework for West Germany to arm and defend itself |
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What You'll Learn
- The German constitution, officially known as the Basic Law, was adopted on 23 May 1949
- The Basic Law was designed as a provisional constitution, pending German reunification
- The Basic Law was amended in 1956 to allow West Germany to arm and defend itself after joining NATO
- The Basic Law was retained as the constitution of reunified Germany in 1990
- The Basic Law was amended almost 70 times, often reflecting social and geopolitical changes
The German constitution, officially known as the Basic Law, was adopted on 23 May 1949
The Basic Law was originally only applied to the Federal Republic of Germany, or West Germany, which was established on the same day as the law came into effect. 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 intended to be a transitional arrangement until the German people as a whole were free to make their own decisions. The authors of the Basic Law sought to ensure that a potential dictator would never again be able to come to power in the country.
The Basic Law was drafted by the Parliamentary Council, which included representatives of the federal states. The law includes basic rights such as freedom of religion, freedom of expression, and equality before the law. The law also includes the right to freedom of association, the right to join trade unions, and the right to asylum. The first article of the Basic Law states that human dignity shall be inviolable, and all state authority shall respect and protect it. This was drafted in response to the crimes of Nazi Germany during World War II and the Holocaust.
The Basic Law has been amended several times since its adoption, including in 1956 to provide a constitutional framework for West Germany to arm and defend itself after joining NATO, and in 1968 to include "Emergency Laws" that allowed for the domestic deployment of the Bundeswehr and the restriction of basic rights in emergency situations. After German reunification in 1990, the Basic Law was retained as the definitive constitution of reunified Germany, and it was amended to expand its reach to include the new states in eastern Germany.
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The Basic Law was designed as a provisional constitution, pending German reunification
The Basic Law, also known as the German Grundgesetz, was designed as a provisional constitution for West Germany, pending German reunification. 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" (Verfassung) 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 was given its name to indicate its provisional nature, and it was never intended to be a definitive constitution.
The Basic Law was created after World War II, during a time of disagreement between the three victorious powers—Great Britain, France, and the USA—and their wartime ally, the Soviet Union, about the future of occupied Germany. To address these disagreements, the three military governors authorized the West German minister presidents of the federal states to carry out concrete tasks, which became known as the Frankfurt Documents. The first and most important document required the establishment of a constituent assembly to draft a federal and democratic constitution. However, the West German minister presidents feared that a new constitution would deepen the division of Germany into East and West.
The Basic Law was designed to be valid only during the division of Germany and was intended to be replaced by a unified constitution once reunification was achieved. It was created by a committee of experts and civil servants who met in August 1948 at Herrenchiemsee Castle in Bavaria. This group was known as the constitutional convention, and it specified the key elements of the Basic Law, including a strong chancellor, strong federal representation, a strong Federal Constitutional Court, and a weak federal president. The Basic Law also included guaranteed basic rights, such as freedom of religion, freedom of expression, and equality before the law.
When reunification took effect on 3 October 1990, the Basic Law became the constitution for all of Germany. It was retained as the definitive constitution of reunified Germany, and amendments were made to accommodate the changes. The Basic Law has been amended over 60 times since 1949 to accommodate increasing ties with the West, European integration, and German reunification. Despite its original intention as a provisional constitution, the Basic Law has served as the foundation for German governance for over six decades and has been adapted to meet the evolving needs of the reunified nation.
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The Basic Law was amended in 1956 to allow West Germany to arm and defend itself after joining NATO
The Basic Law, serving as the constitution of the Federal Republic of Germany, came into effect in 1949. It was designed as a provisional constitution for a reunified Germany, with the term "constitution" being avoided in the original text. The Basic Law was amended in 1956 to allow West Germany to arm and defend itself after joining NATO. This amendment introduced Articles 12a, 17, 45a-c, 65a, and 87a-c, which established the Bundeswehr, the federal armed forces of West Germany.
The creation of the Bundeswehr was a significant development as it had no legal or constitutional continuity with the Reichswehr of the Weimar Republic or the Wehrmacht of WWII Germany. The Weimar Constitution had allowed the Reichswehr to operate outside the control of parliament or the public. The Basic Law amendments in 1956, therefore, marked a decisive step towards West Germany's ability to defend itself and participate in NATO exercises.
The 1956 amendments to the Basic Law were part of a series of amendments made to the document over time. As of 2003, the Basic Law had been amended 50 times, and by 2025, it had been amended 62 times. These amendments were often made to accommodate increasing ties between the Federal Republic and the West, as well as German reunification.
While the Basic Law was initially intended as a provisional arrangement, it was retained as the definitive constitution of reunified Germany in 1990. This decision was made by the Bundestag, which chose to keep the Basic Law with amendments instead of drafting a new constitution. The Basic Law, with its protections of human dignity, human rights, and fundamental principles of the state, continues to serve as the foundation of Germany's legal system.
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The Basic Law was retained as the constitution of reunified Germany in 1990
The Basic Law, or Grundgesetz, was adopted in 1949 as a provisional framework for the basic organisation of the state of Germany until reunification. It was designed to be a temporary measure, with the expectation that a reunified Germany would adopt a new constitution. Despite this, when reunification occurred in 1990, the Basic Law was retained as the constitution of the reunified state. This decision was made by the Bundestag (the German Parliament), which amended the Basic Law to state that unification had been achieved, rather than drafting a new constitution.
The Basic Law was initially approved by the Western Allies of World War II and came into effect on 23 May 1949. It was termed "Basic Law" to indicate its provisional nature, pending German reunification. The law was designed to be a modern constitutional text, guaranteeing basic rights such as freedom of religion, freedom of expression, and equality before the law. It also included protections for human dignity and human rights, which were core values.
The Basic Law was chosen as the constitution of the reunified Germany over a new constitution for several reasons. Firstly, it had already proven to be effective in West Germany. Secondly, using the Basic Law facilitated reunification and reassured other states. Finally, the process of reunification through the Basic Law was approved by two-thirds majorities in both the West and East German parliaments.
The retention of the Basic Law as the constitution of reunified Germany did involve some amendments. For example, Article 23, which provided for other parts of Germany to "join the area of applicability of the Basic Law", was fulfilled by reunification and then withdrawn. Additionally, the Bundestag amended Article 146 and the Preamble of the Basic Law to state that German unification had been achieved. These amendments were stipulated in the Two Plus Four Agreement between the two parts of Germany and all four Allies.
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The Basic Law was amended almost 70 times, often reflecting social and geopolitical changes
The Basic Law for the Federal Republic of Germany (German: Grundgesetz für die Bundesrepublik Deutschland) is the constitution of Germany. It was approved in Bonn on 8 May 1949 and came into effect on 23 May 1949. The term "Grundgesetz" can be translated as either "Basic Law" or "Fundamental Law". Notably, the term "constitution" (Verfassung) was avoided as the drafters regarded the Grundgesetz as an interim arrangement for a provisional West German state. The law was designed as a provisional constitution, pending the reunification of Germany.
The Basic Law has been amended numerous times, almost 70 times, to reflect social and geopolitical changes. The Parliamentary Council, with the representatives of the federal states, played a crucial role in shaping the basic rights guaranteed by the law, including equal rights for women, freedom of religion, freedom of expression, and equality before the law. The law has evolved alongside increasing ties between the Federal Republic and the West, European integration, and German reunification.
One significant aspect of the Basic Law is its focus on protecting human dignity and human rights. Article 1 of these fundamental rights states that human dignity shall be inviolable, and all state authority shall respect and protect it. This article, along with Article 20, which enshrines the fundamental principles of the state, such as the rule of law and democracy, cannot be changed or removed. The authors of the Basic Law sought to ensure that a potential dictator would never again rise to power in the country.
The Basic Law also addressed the relationship between East Germany and West Germany. In 1973, the Federal Constitutional Court confirmed the constitutional validity of the Basic Treaty between the two German states, recognizing East Germany as a valid German state. This recognition implied acceptance of East Germany's constitutional power to enter into international treaties independently, such as the treaty with Poland confirming the transfer of the "Eastern Territories" to Polish sovereignty.
In 1990, with the fall of the Communist regime in East Germany, the amended Basic Law was approved by all four Allied Powers, relinquishing their reserved constitutional rights. However, it was never submitted to a popular vote, neither in 1949 nor 1990. Despite initially being intended as provisional, the Basic Law was retained as the definitive constitution of reunified Germany.
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Frequently asked questions
The constitution of Germany, officially known as the Basic Law, was written in 1949.
The Basic Law was designed to be a provisional constitution for West Germany, which was established on 23 May 1949. The constitution was intended to be a transitional arrangement until Germany was reunified and the people could make their own decisions.
The Basic Law outlines fundamental rights and responsibilities, including the right to freedom of religion, freedom of expression, equality before the law, and the right to freedom of association. It also establishes a strong chancellor, federal representation, and a Federal Constitutional Court.
Yes, the Basic Law has been amended several times, including in 1956 to accommodate West Germany's entry into NATO and the establishment of the Bundeswehr. The reunification of Germany in 1990 also led to changes in the Basic Law, such as the curtailment of the right to asylum for refugees in 1993.
