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Federalism and political system

Inviolable: what the Basic Law protects

The Basic Law has served as the basis for all other laws in the Federal Republic of Germany since 1949. Though it can be amended, two articles will apply in perpetuity.
Brandenburg Gate
Article 1 of the Basic Law states that “Human dignity shall be inviolable”.
© picture alliance / Jörg Carstensen

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:

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:

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.