Constitutional Law in Germany: Basic Law Overview

Constitutional Law in Germany: The Basic Law for the Federal Republic of Germany

The constitutional law of Germany is based on the Basic Law for the Federal Republic of Germany (German: Grundgesetz für die Bundesrepublik Deutschland, or GG), which serves as the country's federal constitution. Adopted in 1949, the Basic Law was initially intended as a provisional measure to govern the German states in the western zones of occupation administered by the United States, Great Britain, and France. It was later amended several times and has remained the governing document for Germany, both before and after its reunification in 1990.

Basic Law's Provisional Status and Reunification

The drafters of the Basic Law assumed that it would serve as an interim measure until a permanent constitution could be adopted for the whole of Germany. However, when reunification occurred, the states that comprised the German Democratic Republic (East Germany) acceded to the Federal Republic and adopted the Basic Law as their governing document.

The Basic Law has been amended throughout its existence, both before and after reunification. It has never been replaced, despite its original intention as an interim measure.

Structure and Application

The Basic Law establishes Germany as a parliamentary democracy with a separation of powers into executive, legislative, and judicial branches. The executive branch consists of the largely ceremonial Federal President as head of state and the Federal Chancellor, the head of government, who is typically the leader of the largest grouping in the Bundestag.

The legislative branch is represented by the Bundestag, elected directly through a mixed-member proportional representation system. The German Länder participate in legislation through the Bundesrat, reflecting Germany's federal structure.

The judicial branch is headed by the Federal Constitutional Court, which oversees the constitutionality of laws.

Key Provisions and Amendments

The Basic Law provides for the protection of fundamental rights and freedoms, including freedom of movement, and allows for the restriction of these rights in certain circumstances. It also outlines the legislative powers of the Länder, the structure of Land authorities, and Land administrative procedures, which are subject to the Bundesrat's prime consideration in the formation of the political will of the Federation.

The Basic Law has been amended to implement constitutional changes agreed upon in the Two Plus Four Treaty and other agreements related to Germany's reunification.

Legal Status and Scope

The Basic Law applies to the entire German people, including the Länder and the Federation. It is available in both the original German and English translation, and its terms are legally binding in the German language.

In conclusion, the Basic Law for the Federal Republic of Germany serves as the constitution of Germany, providing the framework for the country's parliamentary democracy, separation of powers, and protection of fundamental rights and freedoms.