The basic law after unification: Continued centrality or declining force?
- 1 December 1994
- journal article
- research article
- Published by Taylor & Francis in German Politics
- Vol. 3 (3) , 5-46
- https://doi.org/10.1080/09644009408404372
Abstract
Throughout the history of the Federal Republic, the Basic Law and its interpretation by the Federal Constitutional Court have played a central role in shaping the German polity. It is, therefore, not surprising that the process of unification has also been decisively influenced by constitutional considerations. However, the Basic Law is confronted by internal and external challenges which threaten to undermine its centrality in the longer term. They include, in particular, the increasing importance of international legal frameworks and changes in state‐society relations, which have the potential of marginalising national constitutional regulation. Constitutional policy since unification, whilst seeking to respond to some of these challenges, has found it very difficult to address them effectively.Keywords
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