Inviolable: what the Basic Law protects
Germany’s constitution is called the “Basic Law”. In it, the fundamental values and organisational principles of the Federal Republic of Germany are laid down. All other forms of legislation must be based upon it.
What is laid down in the Basic Law?
Among other things, the Basic Law The Basic Law The Basic Law determines that Germany is a constitutional state: All state authorities are subject to judicial control. Section 1 of the Basic Law is of particular relevance. It stipulates that respect for human dignity is the most important aspect of the constitution: “Human dignity shall be… Read more › sets out:
- the basic rights
- democracy as the form of government
- the principle of the rule of law
- the constitutional bodies and their duties
- the principle of the separation of powers
What are the basic rights?
The most important basic right is laid down in Article 1 of the Basic Law The Basic Law The Basic Law determines that Germany is a constitutional state: All state authorities are subject to judicial control. Section 1 of the Basic Law is of particular relevance. It stipulates that respect for human dignity is the most important aspect of the constitution: “Human dignity shall be… Read more › : respect for human dignity. The actual wording reads: “Human dignity shall be inviolable. To respect and protect it shall be the duty of all state authority.” Other important basic rights include:
- the right to free development of one’s personality
- equality before the law
- freedom of faith and religion
- freedom of expression
- freedom of assembly
- occupational freedom
- inviolability of the home
Why is it called a “Basic Law” rather than a “constitution”?
The term “Basic Law” was intended to make clear its provisional character. When the Basic Law The Basic Law The Basic Law determines that Germany is a constitutional state: All state authorities are subject to judicial control. Section 1 of the Basic Law is of particular relevance. It stipulates that respect for human dignity is the most important aspect of the constitution: “Human dignity shall be… Read more › entered into force in 1949, it applied only to the then Federal Republic of Germany in the west of Germany, not to the German Democratic Republic (GDR). The idea was that it should not pose an obstacle to any reunification of East and West Germany. When Germany was reunified in 1990 it became the constitution for Germany as a whole.
Can the Basic Law be amended?
Yes, but only by a two-thirds majority of the Bundestag and of the Bundesrat. It has been amended many times since 1949. However, Article 1 (human dignity) and Article 20, which describes principles such as democracy and the rule of law, cannot be amended. This guarantee - like many elements of the Basic Law The Basic Law The Basic Law determines that Germany is a constitutional state: All state authorities are subject to judicial control. Section 1 of the Basic Law is of particular relevance. It stipulates that respect for human dignity is the most important aspect of the constitution: “Human dignity shall be… Read more › - is a lesson learnt from the period of National Socialism.