The Basic Law was adopted in 1949, initially as a provisional framework for the basic organisation of the state. The name “Basic Law” was intended to express its provisional character and that it was not to hinder reunification.  But from the very beginning, the Basic Law has always contained all the features of a constitution and has functioned effectively as one for more than 75 years.

The Basic Law: a provisional constitution

In its earlier version, the Basic Law provided for two options in the event of German reunification: either accession of other parts of Germany to the territory in which the Basic Law applies under Article 23 of the Basic Law (old version), or the adoption of a new constitution by the German people under Article 146 of the Basic Law (old version).

In the Unification Treaty of 31 August 1990, the governments of the Federal Republic of Germany and the German Democratic Republic agreed to restore German unity on the basis of Article 23 (old version). The parliaments of both German states approved this decision with two-thirds majorities.

The preamble to the Basic Law, which was amended after the Unification Treaty, states that “Germans have achieved the unity and freedom of Germany in free self-determination. This Basic Law thus applies to the entire German people.” Article 146 of the Basic Law (new version) also makes this clear.

Amendments of the Basic Law

This does not mean that the Basic Law will always remain the way it was adopted by the Parliamentary Assembly in 1949. The procedure for amending the Basic Law is given in Article 79.

Article 79 (1) first sentence states that the Basic Law may be amended only by a law. Such a law requires approval by two-thirds of the members of the Bundestag and two-thirds of the members of the Bundesrat (Article 79 (2) Basic Law). However, no basic principles of the constitution may be altered using this procedure. Article 79 (3) prohibits amendments of the Basic Law affecting

• the nation’s organisation as a federation made up of federal states
• the principle that the federal states participate in the legislative process
• and the principles laid down in Articles 1 and 20 of the Basic Law.

The central principles of the Basic Law include the inviolability of human dignity, human rights and the constitutional principles such as democracy, the separation of powers and the basic elements of the welfare state and the rule of law.