Six decades of German democracy
By: Geraldine Gonzalez de la Vega
This May 23, the German Basic Law turns 61 years. Last year he celebrated his sixtieth birthday with many events in the former capital, Bonn and the current, Berlin.
is called the Basic Law and Constitution not because at the time of writing, Germany was occupied and divided. The name designating its provisional character and its validity only in the West. Until October 3, 1990, with reunification Germany, the Grundgesetz was ratified by all the federal states and converted into the Constitution of the German people. Although there was a referendum for popular approval, the German Basic Law is legitimate and is recognized nationally and internationally as a democratic constitution.
On May 8, 1945, after the suicide of Adolf Hitler, the Nazi army surrendered. On June 5 won the war is declared against Germany in the Berlin Declaration in which attended: General Eisenhower (USA), General Schukow (USSR), Marshall Montgomery (UK) and General de Lattre de Tassigny (France).
In August of that year the Allies met in Potsdam to identify areas of occupation that govern each. The British zone with its capital in Bad Oeynhausen, the French capital in Baden-Baden, with its capital in the U.S. and Soviet Frankfurt with Karlshorst capital. In this way Germany was divided into 4 zones, which will eventually be leaving Germany in two: East Germany or East Germany and West Germany or West Germany.
During the years 1946 and 47 Western allies formed the Federated States and named Ministrospresidentes, and it was approved by referendum their constitutions. Military Governor, Sir Brian Robertson, proposed on June 12, 1947 in its zone of occupation, the creation of a postwar German state, the proposal was to create a central state, however, the Americans proposed, following the federal tradition in Bavaria, Baden Württemberg and the new German state was organized as a federation. The name or Bundesrepublik Deutschland Federal Republic of Germany was, however, first used by the French occupation authority in Württemberg-Hohenzollern in May 1947.
Between February and June 1948 in London decided the fate of three of the four occupation zones in Germany. The aim of the conference call of the Six Powers, the three allies, along with the Benelux was planning the reconstruction of the German state, creating the basis for the development of democracy, where the international community also participate. The conditions for this would lay the groundwork for a federal and democratic German state, through the reorganization of the three areas occupied in the West. For its implementation, it was agreed that empowerment of the newly appointed state Ministrospresidentes to convene a constitutional parliamentary assembly.
The six powers would monitor the work of the Assembly and establish certain limits and conditions. Before they finished the work in London, the United States Government had already launched the Marshall Plan, which was possible thanks to the monetization of western Germany, which by now had been constituted and, by agreement of the three powers , in the "Trizone", in order to generate their economic self-preservation.
zone of occupation in the hands of the Soviet Union continued meanwhile in another direction. Due to the onset of the Cold War, thanks in part to the Truman Doctrine, the Soviet Union was not present at this Conference. The East-West conflict had begun, the Truman Doctrine was strengthened by the Marshall Plan to restore Europe's economy, prompting the Soviet Union's reaction to the creation of two socialist institutions as polar opposites to the U.S.: the Bureau of Communist Information and the Council for Mutual Economic Assistance.
The Western strategy focused first creating a strong market economy and more or less stable, then backed up a democratic state there. At first the idea was not well received, because it was believed that the market economy had led to the rise of Hitler. CSU (Christian Democratic Union) and SPD (Social Democratic Party) particularly had in mind a centralized economy.
Between the years 1947 and 48 there were large differences between the two parties of the center who survived the Third Reich and today make up the German government: the Union and the SPD, the first presented his idea of \u200b\u200bthe German Constitution, with a strong federal influence, while the SPD condemned this as separatism, wanting to ensure the unity of territory. The three occupying powers had different interests: the United Kingdom had no preference for a centralized state or federal one, but rather was concerned about the union of Trizone the Soviet occupation zone, the United States proposed a federal state, while the French were not hasten the formation of the German state, they preferred that the occupation would last longer and could attach to their territory in the region of Saarland. However, they proposed to organize a federal state with international control Ruhrgebiet, area mining industry, which then would the basis for the creation of the European Union. It was finally decided by the Federal Government, whose tradition was already in the history of Germany and also would not be a hindrance to future union with the Soviet occupation zone.
London agreements were not well received in Germany. Along with the announcement of a statute of occupation, there were three documents, known as the Frankfurt Documents. On July 1 was called Ministrospresidentes of the western areas, five Social Democrats, five of the union and a liberal, to deliver documents. The first, the Ministrospresidentes empowered the Länder to convene a constitutional assembly in which a democratic state should organize organized in a federal system in which fundamental rights were guaranteed, the Constitution should be subsequently approved by the Military Governors. They wanted to prevent the Governors dictate the terms of the Constitution and to give legitimacy, was actually drafted by the Germans themselves, so they gave the ministers a term to display the document. The meeting date would be later than September 1, 1948.
The day after the delivery of documents Frankfurt, Ministrospresidentes states or Länder met between 8 and July 10, 1948 in Rittersturz in Koblenz. Agreements in Koblenz ( Koblenzer Beschluss ) ministers declared their acceptance of the Frankfurt Documents, however, warned against the creation of a West German state, because in his view could pave the way for a separation of Germany . He also rejected the Occupation Statute. This obviously upset the military governors, who sought to invalidate the London Conference and the Frankfurt Documents. Meanwhile, the Soviets reacted to the monetization of West Germany and the Marshall Plan with the blockade of West Berlin, kicking off the hostilities of the Cold War. This situation served as a catalyst for the decision of the Germans and the basis for greater pressure from the United States. Only through the formation of a Western state might contain Soviet power in the rest of Europe.
Later, reunited the Ministers and finally accepted the conditions of the Conference Gobernadores.Durante Niederwald Castle proposed drafting a Basic Law , not a constitution. There was talk of a "partnership interest in quality management" (Carlo Schmid) rather than a West German state. Similarly, it was proposed a Parliamentary Council, in place of a Constituent Assembly that drafted and whose members are elected by local chambers. Was agreed the ratification of the Basic Law by them themselves and not by the people, as proposed by the Governors.
Between 10 and 23 August 1948 held the call Verfassungskonvent Herrenchiemsee auf. On the island of Herrenchiemsee officials met representatives from each state to establish the basis on which the Parliamentary Council should work. The assembly should be formed by administrative authorities rather than elected officials, was why political parties were not invited. The discussion was crystallized in the Constitutional Convention that contained important points from which they build the Basic Law. A basic principle for the Council was called "Abbreviated Constitution", ie it should be a brief interim Basic Law. Another basic principle was "Bonn and Weimar no", ie learn from the mistakes of the first German republic. As already noted, was important to stress that a constitution would be the fundamental rule a united Germany, so now it gave only a Basic Law to organize the Western state of occupied Germany temporarily. In the Preamble of the Basic Law was established until 1989, German reunification as a fundamental purpose, it was governed by Article 23. This article was the basis for reunification in the constitution of the two Germanies and was later modified to accommodate the rules for the relationship of the German Federal Republic with the European Union.
The September 1, 1948 began the work of the Parliamentary Council in Bonn on a school of pedagogy. 70 representatives for 9 months formed the basis of the Federal Republic of Germany. Members of this Parlamentarischer Rat are known as the "Fathers of the Basic Law." The Mothers of the Basic Law or Grundgesetz des Mütter were only four: Elisabeth Selbert, Friederike Nadig, Helene Wessel and Helene Weber. Elisabeth Selbert imposed hard to achieve mainstream in the drafting of the equality between men and women finally enshrined in Article 3.2. Parties were represented with a greater presence in the Landtag of each state, the presidents of each fraction were: Anton Pfeiffer (CDU / CSU), Carlo Schmid (SPD) and Theodor Heuss (Liberal). Council came out the first chancellor, Konrad Adenauer, who was also President of the Council, the first Federal President Theodor Heuss, the first President of the Constitutional Court, Hermann Höpken-Aschoff, 16 local and 9 federal ministers as well as 37 federal deputies.
Carlo Schmid, called the true father of the German Basic Law 1949, who was characterized German constitutionalism under the slogan "Never Again." Never again should the President be empowered to appoint the Chancellor. Never again should the Parliament have the power to abrogate fundamental rights, the rule of law or democracy. Never again could come to power a party contrary to the Constitution. To ensure that the Basic Law was formed by the principles given priority allies resorted to spying on their constituents. Calls were heard and opened his mail, inviting them to eat and take to ask about the Council's work.
After the tough debates on legislation that would form part of the Basic Law, and the lessons they need to secure both the failed Weimar Republic and Third Reich and the Second War, the 8th May 1949, at 23 hours and 55 minutes, four years after the capitulation, was approved by a majority of the Rat Parlamentarischer the Basic Law with 53 votes in favor and 12 against by the CSU (Bayern ) and the KPD (Communist Party). On the 12th of May was accepted by the Military Governors of the areas British, French and American. Although it should be mentioned that in early 1949, the Government of the United States expressed doubts about the creation of a West German state and weighed dilomáticos plans for the creation of a united and neutral Germany a gradual troop withdrawal.
According to Article 144.1 of the Basic Law required its acceptance by two-thirds of the popular representations of the Länder. The only representative to vote against was the Landtag Bayern, on the night of 19 to 20 May 1949, with 101 against and 63 votes in favor. We rejected the constitution, but recognized its validity. Arguments against were mostly Grundgesetz CSU representatives, while deputies from the SPD and the FDP voted in favor. Members of the CSU is manifested by a federalism that would give greater powers to the Senate (Bundesrat) to participate in the legislative process. However, Grundgesetz or Basic Law binding on the state of Bayern as two-thirds of all the Länder passed.
After ratification by all the Länder, was published and promulgated the Basic Law by the President and Vice President of Parlamentarischer Rat on May 23, 1949 at a festive session. In accordance with Article 145.2, the Grundgesetz entered into force in the course of that day, ie the German Federal Republic since the night there for the May 24, 1949 at 00:00 pm.
In 2009, Germany also celebrated the 90 anniversary of the Constitution of the Weimar Republic, a document that was certainly central to the drafting of the Basic Law of Bonn. However, the assembly of Bonn correct the big mistakes of Weimar: non vinculatoriedad of Rights and the lack of regulation or constitutional control by setting the broad powers of the President. Sets as the cornerstone of the legal system human dignity in Article 1 together with article 20 which states that the German state will be a social and democratic state of law, with separation of powers held in a federal republic, whose powers are directly linked to the Constitution, the law and the law. These two articles are immutable and form the basis on which to build the German state and its laws.
The Grundgesetz is now a stable system it can only be reformed through the formula itself provides in article 79 or dissolved in accordance with Article 146. Organize a parliamentary government, where the executive is divided into a chancellor or head of government, elected in Bundestag lower house and a president or head of state, elected by an ad hoc body. The legislature is responsible to two chambers: The Bundestag or House of Representatives and the Bundesrat equivalent to the Senate or House of federal representation. The judiciary is responsible to the federal courts and the Constitutional Court. Another big difference with the Weimar Constitution is the clause of eternity or Ewigkeitsklausel , which prohibits the amendment of Articles 1 and 20, which closes down the possibility of a law as " Ermächtigungsgesetz "or empowerment law that gave Hitler unlimited power. Establishes constructive vote of no confidence and political parties established by the Constitution giving privileges, but it establishes the possibility of ban if they are contrary to the constitutional values \u200b\u200band principles.
The Grundgesetz has been amended about 60 times. In 1949 consisted of 146 items for 2007 was already 184. He has had at least five major revisions in 1968 rules were introduced to the state of emergency in 1989 to German reunification in 1992 Modified membership in the European Union in 1994 included the rights to the environment and animal rights and in 2006 conducted a major reform of federalism, which is still "on probation."
Finally, last year it was also the Berlin Wall and the beginning of German reunification. On November 9, 1989 it finally happened that not only the preamble and Article 23 of the Basic Law of Bonn waited patiently for 40 years
Aware of their responsibility God and human beings, animated by the desire to maintain national unity and state and serve world peace as an equal member of a United Europe, the German town of Baden states, Bayern, Bremen, Hamburg, Hessen, Niedersachsen, Nordrhein-Westfalen, Rheinland-Pfalz, Schleswig-Holstein, Württemberg-Baden and Württemberg-Hohenzollern, to a new state order to life a time of transition, based on their constituent power, this Basic Law has been established for the Federal Republic of Germany. Same also protects those Germans who were prevented their participation. The entire German people is called to end in complete and self-determination the unity and peace of Germany.
(Preamble of the Basic Law until 1990)
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