The Development and Implementation of the Basic Law of the Federal Republic of Germany

1. The Development and Implementation of the Basic Law of the Federal Republic of Germany By: Michael Palmer

2. West Germany Before 1949 • Split into small states contained within four zones. • Much of the local governments were disrupted or disbanded. • Western Goals after the Postdam Conference • Appoint central administrative departments for essential domestic tasks • finance, transport, communications, foreign trade, and industry • A gradual shift to a decentralized Federal German government.

3. Zones of Control

4. French Zone • Local governments were placed on popular basis. • Elections were held in the autumn of 1946. • Officials appointed by the French military were replaced in May 1947 by elected state officials. • The French sought to insulate the German states from the concept of nationalism.

5. British Zone • The German states in the British zone were more autonomous and accountable than those in the French zone. • State governments gained a popular mandate through elections held in April 1947. • No state constitutions were drawn up. • The British military continued to exercise absolute authority over the government especially in terms of finance.

6. American Zone • Deputy Military Governor, General Lucius D. Clay, believed that a German democratic system would develop only through direct practice. • First local elections held in 1946. • Clay held elections for constituent conventions to draft state constitutions. • Special provisions were laid down by the U.S. Military. • separatism in Bavaria • socialization in Hesse.

7. The London Conferences • Held between February and June 1948 • Were stalled by the disparity between the French and American positions. • The French were eventually swayed when the Soviet Union withdrew from the proceedings. • A schedule of establishing a provincial government by March 22,1948 and a permanent one by May 1949 was agreed upon. • A Letter of Advice Regarding German Constitution was drawn up and submitted to the military governors.

8. Ministerpräsidenten (minister-presidents) • Heads of state governments. • Elected by the Military controller of the particular zone. • It was suggested by James F. Byrnes in his address Stuttgart on September 6, 1946 that the ministers-presidents should draft a provisional constitution for all of Germany.

9. Frankfurt Documents (Frankfurter Dokumente). • Drawn up by the 3 Allied Powers during the London conferences because of heightening tension with the Soviet Union. • Was given to the minister-presidents on July 1, 1948, in Frankfurt • Was purposely left open-ended to avoid any feeling that the Allies were interfering.

10. Frankfurt Documents (continued) • Frankfurt Documents authorized them to perform three major functions • The first allowed the minister-presidents to convene a constituent assembly • The second gave the power to review state boundaries • The third stated that a constitution which passed the military governments could then be ratified by popular vote across all three zones. • Included an occupation statute.

11. Grundgesetz (Basic Law) • Was initially purposed by the minister presidents because of the inconsistencies in the Allies positions. • Intended to be temporary. • Was almost not ratified by popular basis following the decisions made at the Koblenz Conference. • Set up a government with a bicameral legislature and a system of independent judicial review

12. Human Rights Protected under the Basic Law • Equality before the law of all persons. • Provisions for the care of children. • Right to assembly (may be limited by law) • Privacy of correspondences. • Right to teaching. • Freedom of the press.

13. Article 79 (Eternity Clause) • Prevents amendments being made to the Human Rights laid out in article 1-20. • Forbids amendments affecting the division of the Länder or “their participation on principle in the legislative process”. • Allows for non-prohibited amendments to be made by a 2/3 vote in both the Bundestag and the Bundesrat.

14. Article 20 • States that the German Government is democratic and social federal state. • Widerstandsrecht or Right-to-Resistance provides for any German citizen to resist any person seeking to abolish the constitutional order. • This is only to be done if “…no other remedy is available”.

15. Article 146 • Left a provision for dissolving the Basic Law should the Germans wish to adopt a new constitution. • Added by the Minister Presidents in hopes of replacing the Basic Law with a constitution drawn up by a reunified Germany. • Became obsolete after the reunification and adoption of the Basic Law by the entirety of Germany.

16. Article 23 • Originally written to allow for other German Lander to join the Federal Republic. • Was created in the hope of unifying Germany. • Allowed for the ascension of the Saarland in January 1, 1957 after it was split from France in the Saar Treaty on October 27, 1956. • Repealed after East Germany joined the Republic. • Replaced with conditions for Germany’s interaction with the EU.

17. Notable Amendments • An amendment to Article 19 paragraph 14 allows for any complaint about a lawful restriction placed on a person’s correspondence by the affected person be handled by agencies appointed by the legislature. • On December 21, 1983 a sentence was added to Article 21 paragraph 1 that required political parties to publicly account for the source and use of their funds. • Article 18 was amended to state the types of rights that could be forfeited if abused and who would determine if they were on June 28, 1993.

18. Constitutional Court Cases Concerning the Basic Law • The reform of the Counter-Terrorism Database. • Authorization to shoot down aircraft in the Aviation Security Act • Traditional Slaughter Decision(2002)

19. Questions?

20. References • German Federal Constitutional Court. Counter-Terrorism Database in its Fundamental Structures Compatible with the Basic Law, but not Regarding Specific Aspects of its Design. Press Release. Frankfurt: Federal Constitutional Court - Press office -, 2013. Web. • Busch, Andreas. "The Grundgesetz after 50 Years: Analysing Changes in the German Constitution." German Politics, Vol. 9 Issue 1 (2000): 41-61. Pdf. • Council, German Parliamentary. "Basic Law for the Federal Republic of Germany." 2012. Bundeministerium der Justiz und fur Verbrauchershutz. Web. 6 April 2014. • —. "Deutscher Bundestag: Basic Law." 2012. Deutscher Bundestag Website. Web. 6 April 2014. • German Constitutional Court. Authorisation to shoot down aircraft in the Aviation Security Act void. Press Release. Frankfurt: German Constitutional Court -Press Office-, 2006. Web. • German Law Journal. "The Constitutional Court's "Traditional Slaughter" Decision: The Muslims' Freedom of Faith and Germany's Freedom of Conscience." German Law Journal (2002). Web.

21. References • Hahn, Erich J. C., Michaela Richter and GebhardZiller. Cornerstone of Democracy The West German Grungesetz 1949-1989. Washington DC: German Historical Institute, 1995. Pdf. • Lamberti, Marjorie. "General Lucius Clay, German Politicians, and the Great Crisis during the Making of West Germany's Constitution." German Politics & Society, Vol. 27 Issue 4 (2009): 24-50. Pdf. • Munkler, Herfried, et al. Facts About Germany. Frnkfurt: Societats-Verlag, 2010. Print. • Spevack, Edumund. "American Pressures on the German Constitutional Tradition: Basic Rights in the West German Constitution of 1949." International Journal of Politics, Culture & Society, Vol. 10 Issue 3 (1997): 411-437. Pdf. • Spiro, Herbert John. "Constitutuions: Europe." Spiro, Herbert John. Constitutions. Encyclopedia Britanica, 2014. 6-7. Web. • Sturm, Roland. "State and Politics in Germany." January 2010. Goethe Institut. Web. 5 May 2014.

22. Picture Citations • Zone of control slide • Wikipedia • Frankfurt Documents slide • bio.bwbs.de • Questions slide • bridgekeepingtraveller.com