Post-War Germany has developed into the freest and most reliable state that has ever existed on German soil. The constitution, the Basic Law, has made a fundamental contribution to this. On the one hand, it provides stability while, on the other, it offers scope for adaptation. It guarantees the individual extensive personal liberties and rights of freedom as well as social security.
The Basic Law has been accepted by citizens of Germany to a far greater extent than any other German constitution before it. It bears remarking here that the constitution was originally designed as a provisional arrangement, which is why it was only called "Basic Law". Drawn up in 1949, its aim was to provide public life with a new, free and democratic order "for a transitional period". At the very outset, namely in the preamble, the German people were called on "to put the finishing touches to the unity and freedom of Germany in free self-determination." In other words, the intention was for the country, divided into a western and an eastern section, to again reunite as soon as possible and then give itself a joint free democratic constitution.
Parliamentary Council
The constitution was drawn up by the Parliamentary Council, whose members had been delegated by the existing freely-elected parliaments of the individual federal states. There were 27 delegates each from the Social Democratic Party (SPD) and the Christian Democratic Union/Christian Socialist Union (CDU/CSU), five from the Free Democratic Party (FDP) and two from each of the following parties: the German Party, the Center Party and the Communists. All brought their direct experience of the totalitarian Nazi regime to bear, and took their cue from what they had learned. Accordingly, at many points in the constitution it is quite obvious that its authors were at pains to avoid the shortcomings of the Weimar Republic constitution, creating instead a state with clearly demarcated responsibilities. After extensive deliberations in committees and at general assemblies of all members, the Parliamentary Council, under the chairmanship of Konrad Adenauer, passed the Basic Law, which was then proclaimed on May 23, 1949 after being accepted by the local state governments (Landtage). At this point it came into effect. This is why May 23 is German Constitution Day.
The Basic Law's call for reunification was implemented in 1990. On the basis of the unification treaty of August 31, 1990 , which regulated the German Democratic Republics (GDR) accession to the territory of the Federal Republic of Germany governed by the Basic Law, the preamble to and the concluding article of the Basic Law were rewritten. The new text now documents that upon the GDR's accession, on October 3, 1990 , Germany achieved unity.
Basic rights
The first item in the Basic Law is an enumeration of basic rights, expressing the state's commitment to respecting and protecting human dignity, along with the right of every single person to self-fulfillment. This affords comprehensive protection against unlawful interference in personal matters by the state. Both Germans and foreigners can rely in equal measures on the right to self-fulfillment. The classical freedoms listed in the Basic Law include freedom of belief and conscience, right of asylum, freedom of expression including freedom of art and scholarship, freedom of the press and the guarantee of property. Others are freedom of assembly, freedom of association, the right to form coalitions, the confidentiality of letters, the post and telecommunications, freedom of movement, freedom in the choice of profession, protection from forced labor, the inviolability of the home and the right of conscientious objection.
Alongside these civil liberties there are rights of equality. The Basic Law expresses the general principal that all persons are equal before the law by providing that no one may be discriminated against or given preferential treatment on the grounds of his or her sex, birth, race, language, national or social origins, faith, religious persuasion or political opinions. Nor may anybody be discriminated against because of disability. Equal rights for men and women are also expressly stipulated. Finally, the constitution guarantees all Germans equal eligibility for public office. As part of these basic rights, marriage and the family are placed under the especial protection of the national order.
The fundamental essence of all these basic rights is inviolable and they are directly applicable as law. This is one of the most important reforms represented by the Basic Law compared to earlier German constitutions. Today, all three pillars of the state, namely the legislative, the executive and the judiciary, are strictly bound to the basic rights. Every citizen has the right to lodge a constitutional complaint with the Federal Constitutional Court if he feels his basic rights have been impaired by decisions made by or actions performed by the state and has appealed to the appropriate courts without success.
By acceding to the European Convention for the Protection of Human Rights and Basic Freedoms and by ratifying the United Nations' international covenants on human rights, the Federal Republic of Germany is subject to international monitoring of human rights. Any individual may direct a complaint to the permanent European Court of Human Rights regarding the infringement of human rights.
System of government
In accordance with the Basic Law, the Federal Republic of Germany is a democratic and social federal state. It is also a constitutional state, and its role is to guarantee justice and security on the basis of law, as well as controlling the activities of the state by means of laws and rights. Germany consists of 16 federal states with their own sovereignty as regards legislation, administration and jurisprudence. This democratic state order is based on the principle of popular sovereignty. The constitution says that all public authority proceeds from the people. Here, the Basic Law assumes that the state is based on an indirect form of representative democracy with elements of direct democracy. For example, the Federal President and the Federal Chancellor are elected indirectly. Bundestag (Lower Chamber of Parliament) elections combine majority elections and proportional representation. Unlike the constitutions of some countries, the Basic Law uses forms of direct democracy such as plebiscites or referenda in the event of state boundaries requiring modification.
The legal system
The law of the Federal Republic of Germany applies to virtually all aspects of life; as a result, legislation today consists of adjustments and amendments to existing laws to take social developments into account and to cope with social problems. Germany 's legal system has been shaped by constitutional law but is also influenced by the law of the European Union and by international law. The body of federal laws now encompasses approximately 1,900 acts and 3,000 statutory instruments. Laws are passed by the Bundestag, and decrees on the basis of laws are enacted by the Federal government. State law is mainly concerned with such matters as schools and universities, the press, radio and television, as well as the police and local government.
Historically speaking, German law in part goes back to Roman law and in part dates back to numerous other legal sources in the various German regions. A uniform system of private law was created for the entire German Reich for the first time in the 19th century. To this day, the Civil Code and the Commercial Code have preserved the liberal spirit of those times. Their underlying principle is the freedom of contract.
Internal security
Maintaining public security and order is one of the most important tasks of government. In the Federal Republic of Germany, this task is shared by the states and Federal government. For the most part, the police come under the jurisdiction of the states, but in certain areas the Basic Law assigns responsibility to the Federal government.
Economy
The countryside
The federal states
Structure of the state
The people
Society
The Basic Law
Social security
Education
Climate |
