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Encyclopedia > Basic Law for the Federal Republic of Germany
Basic Law for the Federal Republic of Germany
Basic Law for the Federal Republic of Germany
Germany

This article is part of the series:
Politics and government of
Germany
Image File history File links No higher resolution available. ... Image File history File links Coat_of_Arms_of_Germany. ... Politics of Germany takes place in a framework of a federal parliamentary representative democratic republic, whereby the Federal Chancellor is the head of government, and of a pluriform multi-party system. ...


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The Basic Law for the Federal Republic of Germany (German: Grundgesetz für die Bundesrepublik Deutschland) is the constitution[1] of Germany. It first came into effect in 1949 as the de facto constitution of West Germany. The Bundesrat (federal council) is the representation of the 16 Federal States (Länder) of Germany at the federal level. ... Type Lower house President of the Bundestag Dr. Norbert Lammert, CDU since October 18, 2005 Members 614 Political groups (as of September 18, 2005 elections) Christian Democratic Union/Christian Social Union of Bavaria Bloc (226), Social Democratic Party of Germany (222), Free Democratic Party (61), The Left Party. ... The Federal Convention (Bundesversammlung) is a special body in the institutional system of Germany, convoked only for the purpose of selecting the Bundespräsident every five years. ... The Bundesverfassungsgericht The Federal Constitutional Court (in German: Bundesverfassungsgericht, BVerfG) is a special court established by the German constitutional document, the Grundgesetz (Basic Law). ... The Bundesgerichtshof or BGH (German for federal court) is the highest Germany for civil and criminal lawsuits. ... The President of Germany is Germanys head of state. ... Dr. Horst Köhler ( , born 22 February 1943) is the current President of Germany. ... The head of government of Germany is called Chancellor (German: Kanzler). ...   (IPA: ) (b. ... The Cabinet of Germany (German: Bundeskabinett, Bundesregierung) is the chief executive body of the Federal Republic of Germany. ... Germany is a Federal Republic made up of 16 States, known in German as Länder (singular Land). ... There are 439 German districts (Kreise), administrative units in Germany. ... Elections in Germany gives information on election and election results in Germany, including elections to the Federal Diet (the lower house of the federal parliament), the Landtage of the various states, and local elections. ... This is a list of political parties in Germany. ... This article is about the human rights situation in the Federal Republic of Germany. ... The Federal Republic of Germany is a Central European country and member of the European Union, Group of 8 and NATO (among others). ... The European Union or EU is a supranational and international organization of 27 member states. ... Information on politics by country is available for every country, including both de jure and de facto independent states, inhabited dependent territories, as well as areas of special sovereignty. ... De facto is a Latin expression that means in fact or in practice. It is commonly used as opposed to de jure (meaning by law) when referring to matters of law or governance or technique (such as standards), that are found in the common experience as created or developed without...


The German word Grundgesetz may be translated as either Basic Law or Fundamental Law. The term Verfassung (constitution) was not used, as the drafters regarded the Grundgesetz as a provisional document, to be replaced by the constitution of a future united Germany. This was not possible in the context of the Cold War and the communist orientation of the Soviet sector of Germany, which later in 1949 proclaimed itself the German Democratic Republic, dividing Germany into two states. This article is about the 1990 German reunification. ... For other uses, see Cold War (disambiguation). ... Communism is an ideology that seeks to establish a classless, stateless social organization based on common ownership of the means of production. ... The Soviet Occupation Zone (German: Sowjetische Besatzungszone (SBZ) or Ostzone) was the area of eastern Germany occupied by the Soviet Union from 1945 on, at the end of World War II. It became East Germany. ... “East Germany” redirects here. ...


Forty years later, in 1990, Germany finally reunified when the GDR peacefully joined the West German Federal Republic of Germany. After reunification, the Basic Law remained in force, having proved itself as a stable foundation for the thriving democracy in West Germany that had emerged from the ruins of World War II. Some changes were made to the law in 1990, mostly pertaining to reunification, such as to the preamble. Additional amendments to the Basic Law were made in 1994, 2002 and 2006. Year 1990 (MCMXC) was a common year starting on Monday (link displays the 1990 Gregorian calendar). ... This article is about the 1990 German reunification. ... The term Wirtschaftswunder (English: economic miracle) designates the upturn experienced in the West German and Austrian economies after the Second World War. ... Combatants Allied powers: China France Great Britain Soviet Union United States and others Axis powers: Germany Italy Japan and others Commanders Chiang Kai-shek Charles de Gaulle Winston Churchill Joseph Stalin Franklin Roosevelt Adolf Hitler Benito Mussolini Hideki Tōjō Casualties Military dead: 17,000,000 Civilian dead: 33,000... Year 1990 (MCMXC) was a common year starting on Monday (link displays the 1990 Gregorian calendar). ... Look up Preamble in Wiktionary, the free dictionary. ...

Contents

Drafting process

The idea for the creation of the Basic Law came originally from the three western occupying powers. In view of the Nazi usurpation of Germany's prewar Weimar Constitution, they made their approval of the creation of a new German state conditional on: The C-Pennant Occupation zones in Germany (1945) Capital Berlin (de jure) Political structure Military occupation Governors (1945)  - UK zone F.M. Montgomery  - French zone Gen. ... Nazism in history Nazi ideology Nazism and race Outside Germany Related subjects Lists Politics Portal         Nazism or National Socialism (German: Nationalsozialismus), refers primarily to the ideology and practices of the Nazi Party (National Socialist German Workers Party, German: Nationalsozialistische Deutsche Arbeiterpartei or NSDAP) under Adolf Hitler. ... The Weimar Constitution in booklet form. ...

  • a complete rejection of the ideology that the German people are a master race (German: Herrenrasse) - superior to others, born to be leaders, and entitled to commit genocide, or barbaric treatment of those not belonging to it;
  • an unequivocal commitment to the inviolability and inalienability of human rights.


The draft was prepared by the Herrenchiemsee Convent (10 August23 August 1948) on the Herreninsel in Chiemsee, a lake in southeastern Bavaria. The delegates at the Convent were appointed by the leaders of the newly formed Länder (states). After being passed by the parliamentary council assembling at the Museum Koenig in Bonn (8 May 1949) - the Museum was the only intact building in Bonn large enough to house the assembly - and after being approved by the occupying powers (12 May 1949), it was ratified by every parliament of the Länder with the exception of Bavaria (Bayern). On 23 May 1949, the German Basic Law was promulgated and came into force a day later. The time of legal nonentity ended, as the new German state, the Federal Republic of Germany, came into being. The master race (German: die Herrenrasse,  ) is a concept in Nazi ideology, which holds that the Germanic and Nordic people represent an ideal and pure race. It derives from nineteenth century racial theory, which posited a hierarchy of races placing African Bushmen and Indigenous Australians at the bottom of the... The Neues Schloss in May of 2005. ... is the 222nd day of the year (223rd in leap years) in the Gregorian calendar. ... is the 235th day of the year (236th in leap years) in the Gregorian calendar. ... Year 1948 (MCMXLVIII) was a leap year starting on Thursday (link will display the 1948 calendar) of the Gregorian calendar. ... The island Herreninsel with an area of 238 ha is the biggest of the three main islands of the chiemsee. ... The Chiemsee is a freshwater lake in Bavaria, Germany, between the towns of Rosenheim and Salzburg. ... For other uses, see Bavaria (disambiguation). ... Germany is a Federal Republic made up of 16 States, known in German as Länder (singular Land). ... The Research Museum Alexander Koenig (German:Forschungsmuseum Alexander Koenig) is a natural history museums and zoological research institution in Bonn, Germany. ... Historic Town Hall of Bonn (view from the market square). ... is the 128th day of the year (129th in leap years) in the Gregorian calendar. ... Year 1949 (MCMXLIX) was a common year starting on Saturday (link will display the full calendar) of the Gregorian calendar. ... is the 132nd day of the year (133rd in leap years) in the Gregorian calendar. ... Year 1949 (MCMXLIX) was a common year starting on Saturday (link will display the full calendar) of the Gregorian calendar. ... For other uses, see Bavaria (disambiguation). ... is the 143rd day of the year (144th in leap years) in the Gregorian calendar. ... Year 1949 (MCMXLIX) was a common year starting on Saturday (link will display the full calendar) of the Gregorian calendar. ...


Important differences from the Weimar Constitution

Basic rights are fundamental to the Basic Law, in contrast to the Weimar Constitution, which listed them merely as "state objectives". Under the premise to respect human dignity, all state power is directly bound to guarantee these basic rights. Article 1 of the Basic Law (in German legal shorthand GG, for Grundgesetz), which establishes this principle that "human dignity shall be inviolable" and that human rights are directly applicable law, as well as the general principles of the state in Article 20 GG, which guarantees democracy, republicanism, social responsibility, federalism, and the right of resistance should anybody undertake to abolish this order, remain under the guarantee of perpetuity stated in Article 79 Paragraph 3, i.e., those two cannot be changed even if the normal amendment process is followed. The Weimar Constitution in booklet form. ... Human dignity is an expression that can be used as a moral concept or as a legal term. ... An entrenched clause of a constitution is a provision which makes certain amendments either more difficult than others or impossible. ...


There are no emergency powers as for the Reichspräsident, which were used in the Reichstag Fire Decree of 1933 to suspend basic rights and to remove communist members of the Reichstag from power, an important step for Hitler's Machtergreifung. The suspension of human rights would also be illegal by Articles 20 and 79 GG, as above. It has been suggested that this article or section be merged with President of Germany. ... A German newspapers final issue, announcing its own prohibition (Verbot) by the police authorities on the basis of the Reichstag fire decree The Reichstag Fire Decree (Reichstagsbrandverordnung in German) is the common name of the decree issued by German president Paul von Hindenburg in direct response to the Reichstag... Reichstag may refer to: Reichstag (institution), the Diets or parliaments of the Holy Roman Empire, of the Austrian-Hungarian monarchy and of Germany from 1871 to 1945 Reichstag building, Berlin location where the German legislature met from 1894 to 1933 and again since 1999 The Reichstag fire in 1933, which... Adolf Hitler Adolf Hitler (April 20, 1889 – April 30, 1945, standard German pronunciation in the IPA) was the Führer (leader) of the National Socialist German Workers Party (Nazi Party) and of Nazi Germany from 1933 to 1945. ... Machtergreifung is a German word meaning seizure of power. ...


The constitutional position of the federal government was strengthened, as the Bundespräsident has only a small fraction of the power of the Reichspräsident. The government now depends only on the parliament. Bundespräsident (President of the Federation or Federal President) is the German language title for: The President of Austria (head of state) The President of Germany (head of state) The President of the Swiss Confederation: the presiding member of the Swiss Federal Council (government and head of state). ...


To remove the chancellor, the parliament has to engage in a constructive vote of no confidence (Konstruktives Misstrauensvotum), i.e. the election of a new chancellor. The new procedure was intended to provide more stability than under the Weimar Constitution, where extremists on the left and right would cooperate to remove a chancellor, without agreeing on a new one, creating a leadership vacuum. In addition it was possible for the parliament to remove single ministers by a vote of distrust while it now has to vote against the cabinet as a whole. The Constructive Vote of No Confidence (in German: konstruktives Misstrauensvotum) is a specialty of the 1949 German constitution, the Grundgesetz (Basic Law). ...


Constitutional institutions

The Basic Law established Germany as a parliamentary democracy with separation of powers into executive, legislative, and judicial branches. The legislative branch reflects Germany's federal structure in which the German Länder were to be represented in the upper house of parliament, the Bundesrat. The lower chamber, the Bundestag, was to be elected directly through a mixture of proportional representation and direct mandates. The head of government is the chancellor, normally (but not necessarily) the leader of the largest grouping in the Bundestag, while the head of state is the nonpartisan and largely ceremonial president. The Federal Constitutional Court oversees the constitutionality of laws. Many of the Basic Law's provisions contrast strongly with those of the Weimar Constitution. The Politics series Politics Portal This box:      Separation of powers is a term coined by French political Enlightenment thinker Baron de Montesquieu[1][2], is a model for the governance of democratic states. ... Chamber of the Estates-General, the Dutch legislature. ... For theological federalism, see Covenant Theology. ... The Bundesrat (federal council) is the representation of the 16 Federal States (Länder) of Germany at the federal level. ... Type Lower house President of the Bundestag Dr. Norbert Lammert, CDU since October 18, 2005 Members 614 Political groups (as of September 18, 2005 elections) Christian Democratic Union/Christian Social Union of Bavaria Bloc (226), Social Democratic Party of Germany (222), Free Democratic Party (61), The Left Party. ... Proportional representation (sometimes referred to as full representation, or PR), is a category of electoral formula aiming at a close match between the percentage of votes that groups of candidates (grouped by a certain measure) obtain in elections and the percentage of seats they receive (usually in legislative assemblies). ... Bundeskanzler (Federal Chancellor) is the formal title in German for: The head of the German federal government: Chancellor of Germany The head of the Austrian federal government: Chancellor of Austria A Swiss federal government official: List of Federal Chancellors of Switzerland The female version of the title is Bundeskanzlerin. ... The President of Germany is Germanys head of state. ... The Bundesverfassungsgericht The Federal Constitutional Court (in German: Bundesverfassungsgericht, BVerfG) is a special court established by the German constitutional document, the Grundgesetz (Basic Law). ...


Presidency

Main article: President of Germany

The German Bundespräsident (federal president) is the head of state. It is largely ceremonial position with only a small role in daily politics. Whereas the Weimar Constitution provided the president with far reaching executive powers, turning him into a de facto substitute emperor, the federal president is now limited in favor of the cabinet and the parliament. His main function is representative and ceremonial, though he remains the formal head of state, signs laws before they can enter into force and appoints federal officials. In contrast to the Weimar president, the new federal president can neither take the initiative to dissolve the Bundestag nor name a new chancellor without a prior majority vote in the parliament. The President of Germany is Germanys head of state. ... For the comedy film of the same name, see Head of State (film). ...


Executive branch

The Chancellor, elected by the Bundestag, is head of the executive branch. He or she heads the federal Cabinet. The head of government of Germany is called Chancellor (German: Kanzler). ... The Cabinet of Germany (German: Bundeskabinett, Bundesregierung) is the chief executive body of the Federal Republic of Germany. ... The Cabinet of Germany (German: Bundeskabinett, Bundesregierung) is the chief executive body of the Federal Republic of Germany. ...


Judicial branch: Federal Constitutional Court

The guardian of the Basic Law is the German Federal Constitutional Court (Bundesverfassungsgericht) which is both an independent constitutional organ and at the same time part of the judiciary in the sectors of constitutional law and public international law. Its judgements have the legal status of ordinary law. It can declare statutes as null and void if they are in violation of the Basic Law. The Bundesverfassungsgericht The Federal Constitutional Court (in German: Bundesverfassungsgericht, BVerfG) is a special court established by the German constitutional document, the Grundgesetz (Basic Law). ...


The court is famous for nullifying several high profile laws, passed by large majorities in the parliament. An example is the Luftsicherheitsgesetz, which would have allowed the Bundeswehr to shoot down civilian airplanes in case of a terrorist attack. It was ruled to be in violation of the guarantee of life in the Basic Law. A German law created in reaction to the September 11, 2001 attacks. ... The Bundeswehr (German for Federal Defence Force;  ) is the name of the unified armed forces of Germany. ...


The Federal Constitutional Court decides on the constitutionality of laws and government actions under the following circumstances:

  • individual complaint - a suit brought by a person alleging that a law or any action of government violated his or her constitutional rights. All remedies available in the regular courts must have been exhausted beforehand.
  • referral by regular court - a court can refer the question whether a statute applicable to the case before that court is constitutional.
  • abstract regulation control - the federal government, a government of one of the federal states or a third of the Bundestag's members can bring suit against a law. In this case the suit need not refer to a specific case of the law's application.

The Weimar Constitution did not institute a court with similar powers. When the Basic Law is amended, this has to be done explicitly; the concerning article must be cited. Under Weimar the constitution could be amended without noticing; any law passed with a two-thirds majority vote was not bound by the constitution. Under the Basic Law, the fundamentals of the constitution in Art. 1 GG and Art. 20 GG, as well as elements of the federalist state, cannot be removed. Especially important is the protection of the division of state powers in the three branches, legislative, executive and judicial. This is provided by Art. 20 GG. A clear separation of powers was considered imperative to prevent measures like an over-reaching Enabling act , as happened in Germany in 1933. This act had then given the government legislative powers which effectively finished the Weimar Republic and led to the dictatorship of the Third Reich. Type Lower house President of the Bundestag Dr. Norbert Lammert, CDU since October 18, 2005 Members 614 Political groups (as of September 18, 2005 elections) Christian Democratic Union/Christian Social Union of Bavaria Bloc (226), Social Democratic Party of Germany (222), Free Democratic Party (61), The Left Party. ... An enabling act is a piece of legislation by which a legislature grants an entity which depends on it for authorization or legitimacy to take a certain action(s). ... Nazi Germany, or the Third Reich, commonly refers to Germany in the years 1933–1945, when it was under the firm control of the totalitarian and fascist ideology of the Nazi Party, with the Führer Adolf Hitler as dictator. ...


Legislative branch

The legislative branch consists of two chambers, the Bundesrat, representing the states, and the directly elected Bundestag. The Bundestag elects the Chancellor, the head of government, who usually but not necessarily is the leader of the party or the party with a plurality of seats in the Bundestag. The head of government of Germany is called Chancellor (German: Kanzler). ...


Bundesrat

Main article: Bundesrat of Germany

Germany's upper chamber of parliament, the Bundesrat, represents the Länder (~States). It has great influence in legislation, whereas the Reichsrat of Weimar only had a suspensive veto over legislation passed by the parliament. However, a major difference between the two systems is the relative size of the German Länder. During the Weimar Republic, most of Germany's population and 60 percent of its land area was held by a single state, Prussia; its smallest state, Schaumburg-Lippe, had a population of only tens of thousands. A 1932 coup in Prussia, the Preußenschlag, did much to destabilize Germany as a whole, leading to Hitler's seizure of power months later. In contrast, while widely varied in size and population, today's Bundesländer are striclty regional entities. The Bundesrat (federal council) is the representation of the 16 Federal States (Länder) of Germany at the federal level. ... For other uses, see Prussia (disambiguation). ... Capital Bückeburg Government Republic Minister President  - 1918 Friedrich Freiherr von Feilitzsch  - 1933-1945 Karl Dreier History  - German Revolution 15 November, 1918  - Disestablished 1 November, 1946 Area  - 1939 340 km2 131 sq mi Population  - 1939 est. ... A coup détat, or simply a coup, is the sudden overthrow of a government, usually done by a small group that just replaces the top power figures. ... The Preußenschlag (Prussian coup) was one of the major steps towards the destruction of the German Weimar Republic (1919-1933) and the rise of Adolf Hitler to power. ...


Bundestag

Main article: Bundestag of Germany

...

Role of political parties

In contrast to Weimar, political parties are explicitly mentioned in the constitution, i.e. officially recognized as important participants in politics. Parties are obliged to adhere to the democratic foundations of the German state. Parties found in violation of this requirement may be abolished by the constitutional court. In the Weimar Republic, the public image of political parties was clearly negative and they were often regarded as vile. At the same time there was no obligation to adhere to democratic standards (in contrast, the Basis Law stipulates that parties' "... internal organisation must conform to democratic principles", which precludes any party using the Führerprinzip, even internally.) Extremist parties with anti-constitutional agendas like the communists (KPD), right-wing conservatives (DNVP) or the Nazis (NSDAP) could increase their influence without much opposition. Adolf Hitler made believe he was the incarnation of the Führerprinzip The Führerprinzip, the German name for the leader principle, refers to a system with a hierarchy of leaders that resembles a military structure. ... The Communist Party of Germany (in German, Kommunistische Partei Deutschlands – KPD) was formed in December of 1918 from the Spartacist League, which originated as a small factional grouping within the Social Democratic Party (SPD) opposed to the First World War on the grounds that it was an imperialist war... The German National Peoples Party (German: Deutschnationale Volkspartei) (DNVP) was a right wing national-conservative party in Germany during the time of the Weimar Republic. ... The Nazi swastika The National Socialist German Workers Party (German: Nationalsozialistische Deutsche Arbeiterpartei), better known as the NSDAP or the Nazi Party was a political party that was led to power in Germany by Adolf Hitler in 1933. ...


Other stipulations

Role of the military

The Weimar Constitution contributed to the Reichswehr becoming a state inside a state, outside of the control of the parliament or the public. The army directly reported to the president who himself was not dependent on the parliament. Under the Basic Law, during times of peace the Bundeswehr reports to the secretary of defence, during time of war to the chancellor. The chancellor is directly responsible to the parliament, the secretary is indirectly responsible to the parliament because it can remove the government by electing a new chancellor. The Basic Law also institutes the parliamentary post of the Wehrbeauftragter, reporting to parliament not to the executive. The Wehrbeauftragter is a soldiers' ombudsman who can be petitioned directly by soldiers, bypassing the chain of command. Disciplinary measures against soldiers petitioning the Wehrbeauftragter are prohibited. The Reichswehr (help· info) (literally National Defense or Imperial Defense) formed the military organization of Germany from 1919 until 1935, when the government rebranded it as the Wehrmacht (Defence Force). ... The Bundeswehr (German for Federal Defence Force;  ) is the name of the unified armed forces of Germany. ...


Although this is not explicitly spelled out in the Basic Law, a number of Constitutional Court cases in the 1990s established that the army may not be deployed by the government outside of NATO territory without a specific resolution of parliament, which describes the details of the mission and limits its term.


Referendums and plebiscites

Unlike the Weimar Constitution, the Basic Law only allows referendums on a single issue: changing borders of the Länder. Baden-Württemberg was founded following a 1952 referendum that approved the fusion of three separate states. In a 1996 referendum the inhabitants of Berlin and Brandenburg rejected a proposed merger of the two states. The denial of referendums in other cases was designed to avoid the kind of populism that allowed the rise of Hitler, although it ignores the long-running stability of the Swiss Confederation. Location Coordinates , , Time zone CET/CEST (UTC+1/+2) Administration Country NUTS Region DE1 Capital Stuttgart Minister-President Günther Oettinger (CDU) Governing parties CDU / FDP Votes in Bundesrat 6 (from 69) Basic statistics Area  35,752 km² (13,804 sq mi) Population 10,741,000 (11/2006)[1]  - Density... This article is about the capital of Germany. ... For the similarly spelled Brandenberg, see Brandenberg (Austria) or Brandenburg (disambiguation) Location Coordinates , , Time zone CET/CEST (UTC+1/+2) Administration Country NUTS Region DE4 Capital Potsdam Minister-President Matthias Platzeck (SPD) Governing parties SPD / CDU Votes in Bundesrat 4 (of 69) Basic statistics Area  29,479 km² (11,382... Adolf Hitler Adolf Hitler (April 20, 1889 – April 30, 1945, standard German pronunciation in the IPA) was the Führer (leader) of the National Socialist German Workers Party (Nazi Party) and of Nazi Germany from 1933 to 1945. ...


Development of the Basic Law since 1949

Important changes to the Basic Law were the re-introduction of conscription and the establishment of the Bundeswehr in 1956. Therefore several articles were introduced into the constitution, e.g. Art. 12a, 17, 45a-c, 65a, 87a-c GG. Another important reform were the introduction in 1968 of emergency competences, for example Art. 115 Paragraph 1 GG. This was done by a grand coalition of the two main political parties CDU/CSU and SPD and was accompanied by heated debate. In the following year there were changes to the articles regarding the distribution of taxes between federal government and the states of Germany.


During reunification the possibility of drafting of a new common constitution by the two states and a subsequent plebiscite, as envisioned in Art. 146 (1990), was discussed but was not taken. Instead the Federal Republic of Germany and the German Democratic Republic decided to keep the Basic Law with only minor changes, because it had proved to be effective in West Germany. To facilitate reunification and to reassure other states, the FRG made some changes to the Basic Law. Article 146 was amended so that Article 23 of 1990 version of the constitution could be used to acquire further territories. Then, once the five new federal states of East Germany had joined, the Basic Law was amended again to indicate that there were no other parts of Germany, that existed outside of the unified territory.[2][3] This article is about the 1990 German reunification. ... The New Länder (German: Neue Länder) are collectively the states (Länder) of the former German Democratic Republic (East Germany) that joined the Federal Republic of Germany upon German reunification in 1990. ...


Since then there have only been some minor changes. In 1992 membership in the European Union was institutionalised (Art. 23 GG), in 1994 and 2002 environmental protection and animal protection were included in Art. 20 a GG as policy objectives of state. The most controversial debate arose concerning the limitation of the right to asylum in 1993 as in the current version of Art. 16 a GG. This change was later challenged and confirmed in a judgment by the constitutional court. Another controversy was spawned by the limitation of the right to the invulnerability of the private domain (Unverletzlichkeit der Wohnung) by means of acoustic observation (Großer Lauschangriff). This was done by changes to Art. 13 Paragraph 3 and Art. 6 GG. The changes were challenged in the constitutional court, but the judges confirmed the changes. Other changes took place regarding a redistribution of competencies between federal government and the Länder.


Early elections

The Basic Law contains no clear provision to call early elections. Neither the chancellor nor the Bundestag has the power to call elections, and the president can do so only if the government loses a confidence vote or a constructive vote of no confidence fails. This was designed to avoid the chronic instability of Weimar Republic governments. However, early elections have been called three times (1972, 1982, and 2005). On the last two occasions this was a controversial move and was referred to the constitutional court for review. The President of Germany is Germanys head of state. ... A Motion of Confidence is a motion of support proposed by a government in a parliament to give members of parliament a chance to register their confidence for a government by means of a parliamentary vote. ... The Constructive Vote of No Confidence (in German: konstruktives Misstrauensvotum) is a specialty of the 1949 German constitution, the Grundgesetz (Basic Law). ... Anthem Das Lied der Deutschen Germany during the Weimar period, with the Free State of Prussia (in blue) as the largest state Capital Berlin Language(s) German Government Republic President  - 1918-1925 Friedrich Ebert  - 1925-1933 Paul von Hindenburg Chancellor  - 1919 Philipp Scheidemann(first)  - 1933 Kurt von Schleicher (last) Legislature...


In 1972, Chancellor Willy Brandt's coalition had lost its majority in the Bundestag, so that the opposition CDU/CSU tried to do a constructive vote of no confidence, thus electing Rainer Barzel as new chancellor. Surprisingly, two representative of CDU/CSU voted for SPD's Willy Brandt, so that the vote failed. Nevertheless, the coalition had no majority in the Bundestag, so that a new election was necessary. (Later it turned out that the GDR secret service had bribed the two dissenting representatives.) Year 1972 (MCMLXXII) was a leap year starting on Saturday (link will display full calendar) of the Gregorian calendar. ... Willy Brandt, born Herbert Ernst Karl Frahm (December 18, 1913 - October 8, 1992), was a German politician, Chancellor of West Germany 1969 – 1974, and leader of the Social Democratic Party of Germany (SPD) 1964 – 1987. ... Rainer Candidus Barzel (born June 20, 1924 in Braunsberg, East Prussia)) is a German CDU Politician. ... The Hauptverwaltung Aufklärung (en. ...


In 1982, Chancellor Helmut Kohl intentionally lost a confidence vote in order to call an early election to strengthen his position in the Bundestag. The constitutional court examined the case, and decided that the vote was valid, but with reservations. It was decided that a vote of no confidence could be engineered only if it were based on an actual legislative impasse. Year 1982 (MCMLXXXII) was a common year starting on Friday (link displays the 1982 Gregorian calendar). ... Helmut Josef Michael Kohl (born April 3, 1930) is a German conservative politician and statesman. ... The Bundesverfassungsgericht The Federal Constitutional Court (in German: Bundesverfassungsgericht, BVerfG) is a special court established by the German constitutional document, the Grundgesetz (Basic Law). ...


In 2005, Chancellor Gerhard Schröder engineered a defeat in a motion of confidence after a power shift in the Bundesrat. President Horst Köhler then called elections for 18 September 2005. The constitutional court agreed to the validity of this procedure on August 25, 2005 and the elections duly took place. Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ...   [] (born April 7, 1944), German politician, was Chancellor of Germany from 1998 to 2005. ... A Motion of Confidence is a motion of support proposed by a government in a parliament or other assembly of elected representatives to give members of parliament (or other such assembly) a chance to register their confidence in a government. ... The Bundesrat (federal council) is the representation of the 16 Federal States (Länder) of Germany at the federal level. ... Dr. Horst Köhler ( , born 22 February 1943) is the current President of Germany. ... German federal elections took place on September 18, 2005 to elect the members of the 16th German Bundestag, the federal parliament of Germany. ... is the 261st day of the year (262nd in leap years) in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... is the 237th day of the year (238th in leap years) in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ...


Footnotes

  1. ^ http://www.bundestag.de/parlament/funktion/gesetze/grundgesetz/index.html
  2. ^ Johnson, Edward Elwyn. International law aspects of the German refunification alternative answers to the German question. Page 11 footnote 18, and Page 26.
  3. ^ periodic reports of States parties due in 1993 International Covenant on Civil and Political Rights (CCPR), 22 February 1996. Introduction: paragraph 6.

is the 53rd day of the year in the Gregorian calendar. ...

See also

Wikisource has original text related to this article:
Basic Law for the Federal Republic of Germany

Image File history File links Wikisource-logo. ... The original Wikisource logo. ...

Former Constitutions

The Constitution of the German Empire was the basic law of the German Empire of 1871-1919. ... The Weimar Constitution in booklet form. ... The German Democratic Republic (GDR), often known in English as East Germany, was founded in 1949 and was absorbed into the Federal Republic of Germany on 3 October 1990. ... “East Germany” redirects here. ...

Others

The Bremen clause (German: Bremer Klausel) is Article 141 of the Basic Law for the Federal Republic of Germany, which states: The sentence there cited says: It limits the range of application of the constitutional (Basic Law) rule over religious education, making it possible to have other types of instruction... The Bundesrechnungshof (Federal Court of Auditors) is a supreme federal authority. ... The German Emergency Acts were passed on 30 May 1968 at the time of the Grand Coalition between the Social Democratic Party of Germany and the Christian Democratic Union of Germany. ... The History of Germany begins with the establishment of the nation from Ancient Roman times to the 8th century, and then continues into the Holy Roman Empire dating from the 9th century until 1806 . ... Politics of Germany takes place in a framework of a federal parliamentary representative democratic republic, whereby the Federal Chancellor is the head of government, and of a pluriform multi-party system. ...

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  Results from FactBites:
 
Science Fair Projects - Basic Law of the Federal Republic of Germany (561 words)
The Basic Law for the Federal Republic of Germany (German: Grundgesetz für die Bundesrepublik Deutschland) is the constitution of modern Germany.
The new constitution for West Germany was originally to be drafted by a constituent assembly and submitted to a plebiscite for ratification.
However, for the same reasons that the document was ultimately called a 'basic law' and not a 'constitution', the leaders of the Länder insisted that the drafting body be called the 'Parliamentary Council' and that plans for a referendum be abandoned.
Basic Law for the Federal Republic of Germany - Wikipedia, the free encyclopedia (2818 words)
The Basic Law is now incorrectly referred to as the official constitution of the reunified nation henceforth known as the Federal Republic of Germany, or in short, Germany.
The new constitution for West Germany was originally to be drafted by a constituent assembly (the Herrenchiemsee Convent) and submitted to a plebiscite for ratification.
Basic rights are fundamental to the Basic Law, very much in contrast to the Weimar Constitution which listed them merely as "state objectives." Under the premise to respect human dignity, all state power is directly bound to guarantee these basic rights.
  More results at FactBites »

 
 

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