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Constitutional techniques of protection of the German democracy

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The Federal Republic of Germany was born after the division of Germany into two parts, following its defeat in 1945. West Germany, in the hope of future reunification with East Germany, voted for the Basic Law which would then serve as a transitional constitution and a legal framework that determined the potential for reunification. In 1990, the economic and political collapse of East Germany caught a glimpse of a possible reunification of the two Germanys. Analysts observed that the problem arose as to how it could be achieved. Two paths seemed possible: either by playing with Article 23 of the Basic Law which provided that it could be done by "entering in force into other parts of Germany after the accession of these to the independence "or with Article 146 which ?provided for it to cease" to be effective the day on which the Constitution came into force and was passed by the German people's free decision."

Finally, Article 23 was chosen and it had consequences for the constitution in force and it was declared that the Basic Law should be adjusted. These adjustments are made by Article 4 of the Treaty on August 30, 1990, but were very limited scope. One may question how the Federal Republic of Germany managed to protect its democracy. We will see that the protection of democracy is guaranteed by a stable political system that enacts limits but also ensures the creation of a democratic debate through political consensus.

Tags: Federal Republic of Germany, Basic Law, Stable political system

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