Chapter 4: Germany
The Federal Republic of Germany
The Basic Law and Constitution
- The Western Countries decided to draft a new constitution at the
London Six Power Conference. They agreed that the constitution
was to remain under the control of the Occupying powers, and that
the constitution would be drawn up by a parliamentary council of 65
delegates from the Lander. This was significant as it was not elected
(like Weimar was).
- The Basic Law was a provisional arrangement which gave
citizenship to all residents in German territories. Claimed to be the
only legal successor to Weimar, fundamentally built on Weimar’s
constitutional framework.
- Rights: human and civil rights became ‘inalienable’, above
constitutional laws. This contrasted to Weimar, in which human
rights were abolished by a 2/3 majority in parliament!
- Head of State: Federal President had their powers significantly
lessened, becoming a largely representative figure. Term reduced to
5 years, and only 2 terms. The President was chosen by a special
assembly of the Bundestag and the Lander parliaments (contrasts to
Weimar where the people elected the president). Article 81 replaced
Article 48 – which now meant that the Federal Government would
ask the President to declare an emergency and the Bundestag
would vote. Also clear that Article 81 could not be used to suspend
freedoms.
- Parliament: a two-tiered parliamentary structure with the
Bundestag and Bundesrat. The Bundestag could bring down the
Chancellor by a ‘constructive vote of no-confidence’ where
opposition required a majority supporting the vote and also, they
had to offer a stable positive majority for a new government.
- Chancellor: clear line of authority, elected by the Bundestag.
- Electoral System: pluralism and the constitution prevented the
abolition of parties; abolished plebiscites and referendums; mixed-
member PR allowed each voter to have 2 votes and ½ the seats in
the Bundestag came from the majority votes (first past the post)
and ½ from representatives nominated by the parties’ lists (PR). In
1953, a 5% hurdle was introduced. This meant any party which won
less than 5% support was barred from Parliament, in hope of more
stable coalitions.
,- Supreme Court: as the judiciary had been anti-Weimar, the new
government protected the democratic rights by creating a new
agency to investigate anti-democratic activities.
, Weimar FRG
Rights Could be suspended or Inalienable and above the
abolished with a 2/3 constitution.
majority in the
Reichstag.
Head of The President had The President had mainly
State extensive powers ie he ceremonial functions.
could dissolve Reichstag, Article 81 still had to be
pass emergency decrees voted on by the Bundestag.
without parliamentary Elected by parliament and
consent. special representatives.
The people directly Five-year term, and only two
voted for the President. terms max.
Seven-year term.
Parliament The Reichstag could The Bundestag had to
bring down the approve the Chancellor and
Chancellor with a simple could bring down the
vote of no confidence. Chancellor with the
Main legislative power. constructive vote of no
The Reichsrat had confidence (but had to offer
limited powers were only an alternative government).
able to delay bills passed
They participated in the
in the Reichstag. election of the President and
federal court judges.
Bundesrat participated in
legislation more.
Government The national government The federal government had
was weaker, with the a stronger position, with the
chancellor dependent on chancellor solely responsible
the president and the to the Bundestag. Only
Reichstag. removed via a constructive
Chancellor easily vote of no confidence.
removed via Presidential
powers or the Reichstag.
Electoral The constitution did not Pluralism defined in the
System secure pluralism. constitution as essential.
Plebiscites and Not allowed plebiscites and
referendums allowed. referendums.
Proportional Mixed-member proportional
Representation. representation and a 5%
hurdle.
Whilst pluralism was encouraged, many parties which were judges as anti-
democratic were banned. The RW Socialist Reich Party in 1951, 11
Communist organisations eg the Free German Youth in 1950, the
Communist Party in 1956.
The 1949 Election
The Federal Republic of Germany
The Basic Law and Constitution
- The Western Countries decided to draft a new constitution at the
London Six Power Conference. They agreed that the constitution
was to remain under the control of the Occupying powers, and that
the constitution would be drawn up by a parliamentary council of 65
delegates from the Lander. This was significant as it was not elected
(like Weimar was).
- The Basic Law was a provisional arrangement which gave
citizenship to all residents in German territories. Claimed to be the
only legal successor to Weimar, fundamentally built on Weimar’s
constitutional framework.
- Rights: human and civil rights became ‘inalienable’, above
constitutional laws. This contrasted to Weimar, in which human
rights were abolished by a 2/3 majority in parliament!
- Head of State: Federal President had their powers significantly
lessened, becoming a largely representative figure. Term reduced to
5 years, and only 2 terms. The President was chosen by a special
assembly of the Bundestag and the Lander parliaments (contrasts to
Weimar where the people elected the president). Article 81 replaced
Article 48 – which now meant that the Federal Government would
ask the President to declare an emergency and the Bundestag
would vote. Also clear that Article 81 could not be used to suspend
freedoms.
- Parliament: a two-tiered parliamentary structure with the
Bundestag and Bundesrat. The Bundestag could bring down the
Chancellor by a ‘constructive vote of no-confidence’ where
opposition required a majority supporting the vote and also, they
had to offer a stable positive majority for a new government.
- Chancellor: clear line of authority, elected by the Bundestag.
- Electoral System: pluralism and the constitution prevented the
abolition of parties; abolished plebiscites and referendums; mixed-
member PR allowed each voter to have 2 votes and ½ the seats in
the Bundestag came from the majority votes (first past the post)
and ½ from representatives nominated by the parties’ lists (PR). In
1953, a 5% hurdle was introduced. This meant any party which won
less than 5% support was barred from Parliament, in hope of more
stable coalitions.
,- Supreme Court: as the judiciary had been anti-Weimar, the new
government protected the democratic rights by creating a new
agency to investigate anti-democratic activities.
, Weimar FRG
Rights Could be suspended or Inalienable and above the
abolished with a 2/3 constitution.
majority in the
Reichstag.
Head of The President had The President had mainly
State extensive powers ie he ceremonial functions.
could dissolve Reichstag, Article 81 still had to be
pass emergency decrees voted on by the Bundestag.
without parliamentary Elected by parliament and
consent. special representatives.
The people directly Five-year term, and only two
voted for the President. terms max.
Seven-year term.
Parliament The Reichstag could The Bundestag had to
bring down the approve the Chancellor and
Chancellor with a simple could bring down the
vote of no confidence. Chancellor with the
Main legislative power. constructive vote of no
The Reichsrat had confidence (but had to offer
limited powers were only an alternative government).
able to delay bills passed
They participated in the
in the Reichstag. election of the President and
federal court judges.
Bundesrat participated in
legislation more.
Government The national government The federal government had
was weaker, with the a stronger position, with the
chancellor dependent on chancellor solely responsible
the president and the to the Bundestag. Only
Reichstag. removed via a constructive
Chancellor easily vote of no confidence.
removed via Presidential
powers or the Reichstag.
Electoral The constitution did not Pluralism defined in the
System secure pluralism. constitution as essential.
Plebiscites and Not allowed plebiscites and
referendums allowed. referendums.
Proportional Mixed-member proportional
Representation. representation and a 5%
hurdle.
Whilst pluralism was encouraged, many parties which were judges as anti-
democratic were banned. The RW Socialist Reich Party in 1951, 11
Communist organisations eg the Free German Youth in 1950, the
Communist Party in 1956.
The 1949 Election
