German Constitution (Grundgesetz)
The German constitution is not called "constitution" which would be "Verfassung" in German, but instead it has its own name: Grundgesetz
Historical background
As you might now, Germany was separated after World War II and there have been four different zones: a French zone, a British zone, an American zone and a Russian zone. While Russia wanted to keep contact with Germany from the East, the Western countries aimed to make Germany democratic.
The three Western states together with the Netherlands, Belgium and Luxembourg decided to form a German state again. The first step (in 1948) was the creation of a new currency, our former D-Mark (Deutsche Mark). One year later, in 1949 a constitution for the new German state was proposed and accepted by all Western state parliaments. The Grundgesetz became effective on May 24, 1949.
First article: Human dignity
The Grundgesetz is not structured by paragraphes (like others laws), but by articles. At the moment, there are 146 articles in our Grundgesetz, the first one ensures human dignity for every human. Moreover, the third section of article 1 introduces the whole Grundgesetz and assures that the Grundgesetz is law.
The introductory position for human dignity is a reaction on the horrible deeds in World War II. The Grundgesetz is to ensure that something like this will never happen again and that nobody is discriminated against.
Why not call it constitution?
The German Grundgesetz was not planned as a real constitution, but instead it says that the German people could vote for a real constitution:
Article 146 [Duration of validity of the Basic Law]
This Basic Law, which since the achievement of the unity and freedom of Germany applies to the entire German people, shall cease to apply on the day on which a constitution freely adopted by the German people takes effect.
When East Germany joined the Federal German Republic a special law about the adoption of the law in the Eastern countries was created. Since the union of both parts of Germany, the Grundgesetz is our real constitution and not just a transitional one.
Friday, October 16, 2009
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