Countries of the World/COUNTRYS.BIN/dp/0409/04099.txt

Text File | 1991-06-25 | 20KB | 363 lines

$Unique_ID{COW04099}
$Pretitle{373}
$Title{Federal Republic of Germany (West Germany)
Constitution and Structure}
$Subtitle{}
$Author{German Embassy, Washington DC}
$Affiliation{German Embassy, Washington DC}
$Subject{federal
law
basic
bundestag
germany
government
state
republic
chancellor
elected}
$Date{1988}
$Log{}
Country:     Federal Republic of Germany (West Germany)
Book:        Pamphlets on Germany
Author:      German Embassy, Washington DC
Affiliation: German Embassy, Washington DC
Date:        1988

Constitution and Structure

History

     The surrender of the German armed forces on 8 May 1945 marked the end of
National Socialist tyranny in Germany. France, the United Kingdom, the Soviet
Union and the United States of America occupied the country and assumed
supreme authority. One of their aims as occupying powers was to give the
German people the opportunity to prepare for their return to democracy and
peace.

     Owing to the growing differences between the allies, however, the joint
administration of Germany, which had been divided into four occupation zones,
became increasingly difficult and the occupying powers were not able to agree
on the country's future.

     On 1 July 1948, the three Western powers authorized the Minister
Presidents of the Laender (states) in their zones to convene a constituent
assembly to draw up a democratic, federal constitution.

OPTION OF THE BASIC LAW

     Following initial hesitation by some West German politicians who feared
that the formation of the Western occupation zones into a state would deepen
the division of Germany, a Parliamentary Council was convened on 1 September
1948.

     This assembly, whose 65 members had been elected by the state
parliaments, drafted in the following eight months a "Basic Law for the
Federal Republic of Germany". They set about their difficult task with the
determination to establish a constitutional basis for the integration of the
Laender in the Western zones. In spite of the differences over fundamental
issues, especially the question of federalism, the result proved acceptable to
the political parties in Germany and did not conflict with the wishes of the
Western powers.

     They created a Basic Law which was an attempt to lay the foundations for
a stable democracy and thus prevent the kind of situation from developing
which in the thirties, following the decline of the Weimar Republic and hence
of democracy, had opened the door to nazi coercion. At the same time, it
marked the new state's determination to preserve Germany's unity and to foster
peace in a united Europe and throughout the world.

     The Parliamentary Council adopted the Basic Law with a large majority on
8 May 1949. This constitutional instrument, after having been approved by the
military governors, was endorsed by the parliaments of all the Laender except
Bavaria and became effective after 23 May 1949, the day on which it was
promulgated.

     At first, the occupying powers retained substantial sovereign rights, but
these were gradually transferred to the Federal Republic of Germany. The
allies are still responsible for Germany as a whole, however.

BASIC ELEMENTS OF THE CONSTITUTION

     The Basic Law covers all aspects of the political and social life of the
Federal Republic of Germany. Its provisions are not confined to statements of
principle regarding the structure and function of the body politic. Indeed,
the Basic Law created a system of values within which protection of individual
freedom and human dignity is the highest principle of law. However, it does
not perceive the citizen as an individual apart from the rest but as a person
living in the community and linked with it in many ways. In order to
emphasize, therefore, that it is the duty of the state to serve the people,
the basic rights were given pride of place in the Basic Law.

     The basic rights, which, being a system of values are the very core of
the Basic Law, protect the individual against encroachments by the state and
insure that he can play his proper role in the life of the community. They
include the classical freedoms such as the right to life and health, freedom
of religion or creed, conscience and opinion, freedom of association and
assembly, privacy of mail, freedom of movement, privacy of the home, and the
right of ownership. Also guaranteed by the constitution, apart from the
general principle of non-discrimination and equal rights for men and women,
are protection of marriage and the family, the freedom to choose a trade or
profession, as well as the right to seek asylum and submit petitions.

     The basic rights are directly applicable law, which means that the
authorities are bound to observe the relevant constitutional provisions. The
scope of some rights may be limited by law, but the inherent guarantee of
protection must never be jeopardized. The Basic Law thus affords much greater
protection for basic rights than previous constitutions.

     According to Article 20, four basic principles determine the political
and social structure of the Federal Republic of Germany. It says that it is a
democracy, a state based on the rule of law, a social state, and a federal
state.

     Under the democratic principle, sovereignty and hence all authority
emanates from the people. The Basic Law has given effect to this principle in
the form of a representative democracy in which state authority is exercised
indirectly by elected representatives of the people. It provides for direct
decisions by the people (referendums) only where parts of the federal
territory are to be reapportioned or reorganized.

     According to the rule-of-law principle, all state action is bound by law
and justice. The functions of the state are exercised by independent
legislative, executive and judicial authorities. All government measures may
be reviewed by independent judges to determine whether they meet the
requirements of the law.

     The social-state principle was established mainly to protect the weaker
members of society. The state is required to insure that every member of the
community is free from want, can live in circumstances worthy of human
dignity, and has a fair share of the nation's general prosperity.

     The federal system was chosen because of Germany's deep-rooted federalist
tradition. This system makes it possible to develop regional characteristics
and leaves scope for differentiated cultural and political competition. At the
same time, the division of legislative, executive and judicial powers between
the federation and the states prevents excessive concentrations and hence the
possible abuse of power.

     The states of the Federal Republic of Germany established by the Basic
Law are Baden-Wuerttemberg, Bavaria, Berlin (West), Bremen, Hamburg, Hesse,
Lower Saxony, North-Rhine/Westphalia, Rhineland-Palatinate, the Saarland and
Schleswig-Holstein. Although Berlin may not be governed by the federation on
account of the fact that allied rights still prevail in this city, The
Quadripartite Agreement of 3 September 1971 endorsed the close ties between
Berlin (West) and the Federal Republic of Germany.

BUNDESTAG AND BUNDESRAT

     The German Bundestag is the supreme legislative authority. Its members
are elected by the voting public (German citizens aged 18 and over) in
general, direct, free, equal and secret selections for a four-year term. The
electoral system is a combination of proportional representation and direct
election of candidates. Half of the members are elected directly, the other
half via the state lists of candidates nominated by their respective parties.

     In the general election held on 25 January 1987, 519 members were elected
to the Bundestag. Twenty-two of them come from Berlin (West) and they have
only limited voting rights on account of allied reservations.

     The Basic Law emphasizes the special role of the parties as representing
the political will of the people. They usually nominate the candidates for the