The Constitution of Germany: A Contextual Analysis
Werner Heun - Hart Publishing Limited, 2011
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The German Basic Law - enacted in 1949
after total defeat and the experience of totalitarian barbarism - has become a
model for constitutions around the world and is a prominent example of modern
constitutionalism. It features five fundamental principles - democracy, rule of
law/Rechtsstaat, the social state, republican government, and federalism - each
expressly guaranteed and protected against constitutional amendment. As such,
the German Basic Law is a prime example of a cooperative and predominantly
executive federalism characterized by a high degree of unitarianism and equality
of its member states. The institutional structure - featuring the principle of
the separation of powers - is a parliamentary system of government in which the
Chancellor and the political parties play leading roles. The Bundestag remains a
powerful Parliament, while the Bundesrat and the Prime Ministers of the Länder
act as an important counterweight. The Constitutional Court, as interpreter of
the Constitution and possessor of a broad range of competences, occupies an
especially important position, acting as arbiter between the different Federal
institutions, as well as between the Federation and the Länder. In the field of
fundamental rights, the Court has achieved far-reaching constitutionalization
and juridification of the whole political system, while creating a strong and
consistent system of individual freedom and the liberalization of society. The
Constitution of Germany: A Contextual Analysis - part of the Constitutional
Systems of the World series by Hart Publishing, Oxford - is an accessible and
up-to-date book on the history and current state of the German constitution. It
will be of interest to academics and students interested in constitutional and
comparative constitutional law, as well as politics.
