- The Basic Law is the constitution of the Federal Republic of Germany and guarantees the fundamental rights of citizens.
- It came into force on May 23, 1949 and was drawn up by a Parliamentary Council.
- The rule of law means that state authority is bound by the law and protects against arbitrary arrest.
- Democracy provides that the power of the state emanates from the people, exercised through elections and votes.
- Germany is a federal state that regulates competencies between the federal government and the federal states.
- The Basic Law can be amended, but requires a two-thirds majority in the Bundestag and Bundesrat.
- Despite its stability, there is criticism of the need to modernize certain aspects, such as electoral law.
The Basic Law for the Federal Republic of Germany, GG for short, is the constitution of Germany and forms the legal and political foundation of the Federal Republic. It lays down the fundamental principles of the German state order and guarantees the basic rights of its citizens.
Origin and history
After the end of World War II, Germany faced the challenge of creating a new constitution that would avoid the mistakes of the Weimar Constitution and ensure a stable democratic order. The Basic Law was drafted by the Parliamentary Council, a body of representatives of the Länder, and came into force on May 23, 1949.
Structure of the Basic Law
The Basic Law consists of a preamble, which outlines the premises and objectives of the Constitution, and a main body, which is divided into two sections:
- The Basic Rights (Articles 1 to 19): This section contains the fundamental rights to which every person in Germany is entitled, such as the right to life, freedom of expression, equality before the law, and protection of privacy.
- The Organization of the State (Articles 20 to 146): This section establishes the structure of the German state, including the legislative, executive, and judicial branches, as well as the relationship between the federal government and the states.
Essential principles
Rule of Law
The Basic Law enshrines the principle of the rule of law, which means that the exercise of state power is bound by law. It also guarantees the right to the lawful judge and protection against arbitrary arrest.
Democracy
The Basic Law stipulates that state power emanates from the people and is exercised through elections and votes. It guarantees the right to vote and stand for election and the right to political participation.
Federalism
Germany is a federal state, and the Basic Law regulates the distribution of competencies between the federal government and the states. It specifies which areas are the responsibility of the federal government and which are reserved for the states.
Welfare State
The Basic Law obliges the state to ensure social justice. It guarantees the right to work, education and social security.
Separation of powers
The Basic Law is based on the principle of separation of powers, which divides power between the legislative, executive and judicial branches to ensure checks and balances on state authority.
Constitutional Amendments
The Basic Law can be amended, but this requires a two-thirds majority in both the Bundestag and the Bundesrat. However, Articles 1 and 20, which contain the fundamental principles of human dignity, democracy, the rule of law, the social state and federalism, are unchangeable under Article 79(3).
Meaning and criticism
The Basic Law has proven to be a stable foundation of German democracy. It has led the country through various challenges, including reunification. However, critics complain that certain aspects, such as the right to vote, need to be modernized and that there should be greater citizen participation in political decision-making.
Conclusion
The Basic Law is more than just a legal document; it is an expression of the values and principles that hold German society together. It has proven to be a robust and flexible instrument, able to adapt to changing circumstances while protecting fundamental rights and the democratic order.
