Constitutional Framework of Germany
1. Background of Constitutional History of Germany
The Constitutional history of Germany is a long and complicated one, stretching back over a thousand years to the early Middle Ages. Throughout this period, Germany has been ruled by a series of different governments and regimes, each with their own unique constitutional arrangements and political systems.
The earliest forms of constitutional government in Germany can be traced back to the Holy Roman Empire, which existed from the 9th century until its dissolution in 1806. During this time, the empire was governed by a complex system of institutions, including the Reichstag, which was an assembly of nobles, and the Imperial Diet, which was a council of princes and other high-ranking officials. While these institutions had limited powers, they laid the groundwork for the modern constitutional system in Germany.
2. Political and Social Change in Constitution of Germany
In the 19th century, Germany underwent a period of rapid political and social change. Following the Napoleonic Wars, the German Confederation was established in 1815, which was a loose association of 39 independent states. However, the confederation was weak and ineffective, and it was not until the mid-19th century that calls for a more centralized and unified Germany began to gain traction.
In 1866, Prussia defeated Austria in the Austro-Prussian War, which paved the way for the establishment of the North German Confederation. This new state was dominated by Prussia and was governed by a federal constitution, which established a two-chamber system of government and a powerful executive branch.
3. Constitution of Germany and Federal Government
In 1871, the North German Confederation was transformed into the German Empire, with King Wilhelm I of Prussia becoming the first Emperor of Germany. The empire was governed by a constitution that established a federal system of government, with power divided between the federal government and the individual states. The constitution also created a two-chamber parliament, with the lower house (the Reichstag) elected by universal suffrage.
4. The New Constitution Created a Federal System of Government
The Weimar Republic was established in 1919 following the end of World War I, and it marked a significant departure from the political systems of the past. The new constitution created a federal system of government, with power divided between the federal government and the individual states. The constitution also established a parliamentary system of government, with the president serving as the head of state and the chancellor serving as the head of government.
5. The Role of Weimar Republic in Constitutional History of Germany
The Weimar Republic was a period of great instability and political turmoil, marked by economic hardship, social unrest, and the rise of extremist political movements. In 1933, the Nazi Party under the leadership of Adolf Hitler came to power, and the Weimar Republic was dissolved.
6. Effect of World War II on Constitution of Germany
Following World War II, Germany was divided into two separate states: the Federal Republic of Germany (West Germany) and the German Democratic Republic (East Germany). The Federal Republic of Germany was established in 1949 and was governed by a federal system of government, with power divided between the federal government and the individual states. The constitution established a parliamentary system of government, with the president serving as the head of state and the chancellor serving as the head of government.
7. Collapse of Soviet Union and Constitution of Germany
In 1990, following the collapse of the Soviet Union and the reunification of Germany, a new constitution was adopted, which established the current system of government in Germany. The constitution, known as the Basic Law, established a federal system of government, with power divided between the federal government and the individual states. The constitution also created a parliamentary system of government, with the president serving as the head of state and the chancellor serving as the head of government.
8. The Judiciary of Germany
Today, Germany is a federal parliamentary republic, with a strong tradition of democracy and respect for the rule of law. The country is governed by a complex system of institutions, including the Bundestag (the lower house of parliament), the Bundesrat (the upper house of parliament), and the Federal Constitutional Court, which is responsible ensuring adherence to the Basic Law. Since its establishment in 1951, the Court has helped ensure respect for and give effect to Germany's free democratic basic order. This applies in particular to the enforcement of fundamental rights.