German Basic Law and the Federal Constitutional Court: An Impact Analysis

摘要

The end of this century has seen a myriad of events unfold in Europe that havedrastically 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 Germany's 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 Germany's 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 Germany's 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 Court's decisions, and whether these influences will also impact future Court decisions. (kar) p. 7-8.