Basic Law of Germany

Tout ce que vous recherchez sur la théorie de la loi fondamentale allemande

Basic Law of Germany App is a free international book application about Law of Germany questions, answers and theory. With this application you can learn about the Basic Law of Germany. The Basic Law of the Federal Republic of Germany (German: Grundgesetz für die Bundesrepublik Deutschland, literally Ground Rules for the Federal Republic of Germany) is the constitution of the Federal Republic of Germany.

The West German Constitution was approved in Bonn on 8 May 1949 and came into effect on 23 May after having been approved by the occupying western Allies of World War II on 12 May. It was termed "Basic Law" (Grundgesetz) to indicate that it was a provisional piece of legislation pending the reunification of Germany. However, when the latter took place in 1990, the term was retained for the definitive constitution of reunified Germany. Its original field of application (German: Geltungsbereich)—that is, the states that were initially included in the Federal Republic of Germany—consisted of the three Western Allies' zones of occupation, but at the insistence of the Western Allies, formally excluded West Berlin. In 1990, the Two Plus Four Agreement between the two parts of Germany and all four Allied Powers stipulated the implementation of a number of amendments. In the subsequent Unification Treaty of 1990, this amended Basic Law was adopted as the constitution of a united Germany.

The German word Grundgesetz may be translated as either Basic Law or Fundamental Law. The term "constitution" (Verfassung) was avoided as the drafters regarded the Grundgesetz as an interim arrangement for a provisional West German state, expecting that an eventual reunified Germany would adopt a proper constitution, enacted under the provisions of Article 146 of the Grundgesetz, which stipulates that such a constitution must be "freely adopted by the German people". Nevertheless, although the amended Grundgesetz was approved by all four Allied Powers in 1990 (who thereby relinquished their reserved constitutional rights), it was never submitted to a popular vote, neither in 1949 nor in 1990.

In the preamble to the Grundgesetz, its adoption was declared as an action of the "German people", and article 20 states "All state authority is derived from the people". These statements embody the constitutional principles that 'Germany' is identical with the German people, and that the German people act constitutionally as the primary institution of the German state. Where the Grundgesetz refers to the territory under the jurisdiction of this German state, it refers to it as the 'federal territory', so avoiding any inference of there being a constitutionally established 'German national territory'.

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