The Constitution of Germany

The German Basic Law, enacted in 1949 after total defeat and the experience of totalitarian barbarism, has become a model for constitutions around the world and a prominent example of modern constitutionalism. It features five fundamental principles - democracy, rule of law/Rechtsstaat, the social state, republican government and federalism - each expressly guaranteed and protected against constitutional amendment. As such the German Basic Law is a prime example of a cooperative and predominantly executive federalism characterised by a high degree of unitarianism and equality of its member states. The institutional structure, featuring the principle of the separation of powers, is a parliamentary system of government, in which the Chancellor and the political parties play leading roles. The Bundestag remains a powerful Parliament, while the Bundesrat and the Prime Ministers of the L nder act as an important counterweight. The Constitutional Court, as interpreter of the Constitution and possessor of a broad range of competences, occupies an especially important position, acting as arbiter between the different Federal institutions as well as between the Federation and the L nder. In the field of fundamental rights the Court has achieved far-reaching constitutionalisation and juridification of the whole political system, while at the same time creating a strong and consistent system of individual freedom and the liberalisation of society.

Author: Werner Heun
Publisher: Bloomsbury Publishing PLC
Published: 11/30/2010
Pages: 276
Binding Type: Paperback
Weight: 0.79lbs
Size: 8.30h x 5.40w x 0.80d
ISBN13: 9781841138688
ISBN10: 1841138681
BISAC Categories:
- Political Science | Constitutions

About the Author
Werner Heun is Professor at the Law Faculty of the University of Göttingen and Director of the Institute for General Theory of State and Political Sciences.