germany basic law

8/13/2019 Germany Basic Law

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Comparative Constitutional

LawGerman Constitution

Class 8: September 15, 2008


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Germany

Slightly smaller thanMontana

Population is more

than 80 million


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16 current German Lnder


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German Basic Law

What is the BasicLaw?

How was it created?

TRANSITIONAL see Preamble toBasic law
http://upload.wikimedia.org/wikipedia/en/5/5a/Grundgesetz_cover.jpg


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Art. 146

Originally provided that the Basic Lawwould cease to be in force on the daywhen all Germans freely adopt a newconstitutions


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Herrenchiemsee Convention

25 membercommittee

1 delegate for each

Land 14 advisors, mainly

members of SPD orCDU

Worked quickly Aug. 10-23 1948


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Chiemsee palace is in middle ofHerreninsel


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Parliamentary Council, Bonn: Sept1, 1948

Held at the MuseumKoenig in Bonn

65 delegates (61 men, 4women; manyexperienced politiciansactive in the WeimarRepublic)

Took longer than hoped finally got a favorablevote (10 of 11 Lnder) onMay 8, 1949
http://upload.wikimedia.org/wikipedia/commons/0/07/CIMG3750.JPG


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Ratification

Compare the ratification of the GermanBasic Law with the ratification of the U.S.Constitution


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Reunification

What happened to the Basic Law onreunification in 1990?


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Art. 23 (now abolished)

Provided for other parts of Germany to joinFRG

GDR used this method to accede to theFRG

Of course, many East Germans could notvote on the Basic Law

Unity: October 3, 1990 5 new Lnder


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Germany

Example of successful redemocratization Has been called a militant democracy

Much concern about history repeatingitself


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Fundamental Structural Principles

What are the fundamental structural principles that the Basic Law makes clearare the basis of the German state?


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Fundamental Structural Principles

Demokratie (Democracy) Republik (Republic)

Rechtstaat (Law State i.e. Rule of Law) Sozialstaat (Social Welfare State) see also

art. 28

Bundestaat (Federal State) Protection of the Environment (Art. 20a

GG)


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Basic Law Article 20 Article 20 [Basic institutional principles; defense of

the constitutional order] (1) The Federal Republic of Germany is a democratic

and social federal state.

(2) All state authority is derived from the people. It shallbe exercised by the people through elections and othervotes and through specific legislative, executive, and

judicial bodies. (3) The legislature shall be bound by the constitutional

order, the executive and the judiciary by law and justice. (4) All Germans shall have the right to resist any person

seeking to abolish this constitutional order, if no otherremedy is available.


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Basic Law - Land Governments Article 28 [Federal guarantee of Land constitutions

and of local self-government] (1) The constitutional order in the Lnder must conform

to the principles of a republican, democratic, and social

state governed by the rule of law, within the meaning ofthis Basic Law. In each Land, county, and municipalitythe people shall be represented by a body chosen ingeneral, direct, free, equal, and secret elections. Incounty and municipal elections, persons who possesscitizenship in any member state of the EuropeanCommunity are also eligible to vote and to be elected inaccord with European Community law. In municipalitiesa local assembly may take the place of an elected body.


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Basic Law human dignity . Basic Rights Article 1 [Human dignity] (1) Human dignity shall be inviolable. To respect and

protect it shall be the duty of all state authority. (2) The German people therefore acknowledge inviolable

and inalienable human rights as the basis of everycommunity, of peace and of justice in the world.

(3) The following basic rights shall bind the legislature,

the executive, and the judiciary as directly applicablelaw.


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Basic Law Art. 20a

Article 20a [Protection of the naturalbases of life]

Mindful also of its responsibility towardfuture generations, the state shall protectthe natural bases of life by legislation and,in accordance with law and justice, byexecutive and judicial action, all within theframework of the constitutional order.


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Parteienstaat Article 21 [Political parties] (1) Political parties shall participate in the formation of

the political will of the people. They may be freelyestablished. Their internal organization must conform todemocratic principles. They must publicly account fortheir assets and for the sources and use of their funds.

(2) Parties that, by reason of their aims or the behaviorof their adherents, seek to undermine or abolish the freedemocratic basic order or to endanger the existence ofthe Federal Republic of Germany shall beunconstitutional. The Federal Constitutional Court shallrule on the question of unconstitutionality.

(3) Details shall be regulated by federal laws.


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Major political parties?


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Major political parties?

SDP CDP/CSU

FDP All very involved in drafting of the Basic

Law in 1948-1949

Who is the current Chancellor and what ishis or her political party affiliation?


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Current Chancellor: Angela Merkel

Elected to GermanParliament fromMecklenberg-Verpommeln

CDU chairman since2000

Ossi background Protestant Nickname Iron Lady

(invoking MargaretThatcher)

Became Chancellor in11/2005 after a deal

following 9/2005 GrandCoalition CDU/CSU/SPD
http://en.wikipedia.org/wiki/Image:Angela_Merkel_(2008).jpg


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Bush is a fan of Chancellor Merkel


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Bundesprsident

Who is the current President of Germany?What is his political party affiliation?


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Bundesprsident

Horst Khler: elected2004 (CDU)


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Basic Law art. 79(3)

Article 79 [Amendment of the Basic Law] (3) Amendments to this Basic Law affecting the

division of the Federation into Lnder, theirparticipation on principle in the legislativeprocess, or the principles laid down in Articles 1

and 20 shall be inadmissible.


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Amendment of the Basic Law

Is it easier or harder than amending theU.S. and/or Canadian Constitutions?

Has it been more or less frequentlyamended?


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Amendment - Basic Law Art. 79 (1) This Basic Law may be amended only by a law

expressly amending or supplementing its text. In thecase of an international treaty respecting a peacesettlement, the preparation of a peace settlement, or thephasing out of an occupation regime, or designed topromote the defense of the Federal Republic, it shall besufficient, for the purpose of making clear that theprovisions of this Basic Law do not preclude theconclusion and entry into force of the treaty, to addlanguage to the Basic Law that merely makes thisclarification.

(2) Any such law shall be carried by two thirds of theMembers of the Bundestag and two thirds of the votes ofthe Bundesrat.

germany basic law

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