Basic Law of Germany: Overview

Overview of the Basic Law

• The Basic Law for the Federal Republic of Germany is the constitution.
• In German it is known as Grundgesetz für die Bundesrepublik Deutschland.

History and Approval

• Approved in Bonn on May 8, 1949.
• Came into effect on May 23 after approval by the occupying western Allies of World War II.
• Allies approved on May 12.
• Termed "Basic Law" (Grundgesetz) to indicate provisional status pending German reunification.
• Retained as the definitive constitution after reunification in 1990.
• Original application was the states initially in the Federal Republic of Germany.
• Consisted of the three Western Allies' zones of occupation.
• Western Allies formally excluded West Berlin.
• The Two Plus Four Agreement between the two parts of Germany and all four Allies stipulated the implementation of amendments in 1990.

Terminology and Purpose

• Grundgesetz translates to Basic Law or Fundamental Law.
• "Constitution" (Verfassung) was avoided because the Grundgesetz was an interim arrangement.
• It was for a provisional West German state.
• The expectation was that a reunified Germany would adopt a proper constitution.
• Enacted under Article 146, stipulating that the constitution must be "freely adopted by the German people".
• Amended Basic Law approved by all four Allied Powers in 1990.
• Allied powers relinquished their reserved constitutional rights.
• It was never submitted to a popular vote in 1949 or 1990.
• The Basic Law as passed in 1949 included Article 23.
• Article 23 provided for "other parts of Germany" to "join the area of applicability of the Basic Law".
• Article 23 was used for German reunification from a constitutional standpoint.

Post-Reunification Amendments

• After reunification, Article 23 was repealed to reaffirm the renunciation of any residual German claim to land east of Oder and Neiße.
• An unrelated article on the relationship between Germany and the European Union was inserted two years later.
• The Basic Law reflects the heritage of the Lesser German solution.
• Unification with Austria was not a goal.

Principles and Authority

• The preamble to the Basic Law declares its adoption as an action of the "German people".
• Article 20 states "All state authority is derived from the people".
• Basic Law embodies principles that 'Germany' is identical with the German people.
• The German people act constitutionally as the primary institution of the German state.
• It refers to the territory under the jurisdiction as the 'federal territory'
• This avoids any inference of a constitutionally defined 'German national territory'.

Purpose

• Authors of the Basic Law sought to ensure that no potential dictator could come to power.

Explore the Basic Law (Grundgesetz) of Germany, its history, and approval process. Understand its provisional origins after World War II and its evolution into the definitive constitution post-reunification in 1990. Learn about its application to the initial states within the Federal Republic of Germany and the terminology surrounding its purpose.