The German Basic Law and the Federal Constitutional Court: An Impact Analysis.
Abstract:
The end of this century has seen a myriad of events unfold in Europe that have drastically altered the political, economic, and social orders of Germany and many of its neighbors. The revolutionary changes in the German Democratic Republic GDR from autumn 1989 to its eventual reunification with the Federal Republic of Germany ERG have sparked renewed interest in Germany, as well as some anxiety as to its potential threat to its European brethren. How stable is the government How firm is its commitment to democracy and freedom Will Germanys new power become a threat to its own citizens or those of its neighbors The GDR East Germany was the model of the Soviet state until its people ended the Communists control in 1989. The ERG West Germany adopted a Basic Law Grundgesetz after World War II based on democracy, freedom, and the rule of law. This Basic Law served as West Germanys constitution for over forty years, and is now the constitution of all Germany. Germany not only has a constitution, but a Federal Constitutional Court Bundesverfassungsgericht as well, charged with the protection of the constitutional rights of Germanys citizens and the democratic order. This thesis addresses the role of the Constitutional Court in Germany s political system in particular, it attempts to examine the political and social influences that have motivated the Courts decisions, and whether these influences will also impact future Court decisions. kar p. 7-8