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Germany Basic Law

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Submitted By elisekvale
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The Basic Law or Grundgesetz for the Federal Republic of Germany was approved on 8 May 1949, and, with the signature of the western Allies of World War 2 on 12 May, came into effect on 23 May. The authors also ensured that human rights and human dignity was made the central and core part of the Basic Law. Key concepts in the basic law are principles of democracy, republicanism, federalism and social responsibility. These principles are constitutionally entrenched and they cannot be removed or repealed by the normal amendment process. Firstly this essay will look into what lead to the development of the new Basic Law and how the new parliamentary democracy was put into place with separation of powers into different branches of government. Secondly the essay will examine what were the specific changes from pre-1945 Germany and if which areas these changes were most visible. Here it will be important to look at the fundamentally differences from the Weimar Constitution, but also what the new Basic Law chose to keep from the Weimar Constitution. And why the authors of the Basic law felt that this was the safest way to construct a good state for all Germans where the sins of the past would never be repeated.

In 1948 the three Western Allied military governors met in Frankfurt with the chief executive of the various states and “recommended” the calling of a constituent assembly by September 1, 1948, which was to draft a constitution for the three Western zones. None of the state premiers was enthusiastic about establishing a separate West German state, fearing that the constituent assembly and the resultant constitution would seal the division of Germany. The state executive then decided to draft a “Basic Law” rather than a constitution and to stress in it the provisional character of the new state. They also asked for ratification through the state parliaments rather

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