Is our Basic Law fit for the next 75 years?
This year, the Basic Law turns 75 and celebrates its 35th anniversary in a reunified Germany. Our live podcast "In good shape? The Basic Law for tomorrow" explores the question: What is the state of the Basic Law and its status in German society? What threatens it from outside, what from within - from the consequences of climate change to infiltration by right-wing extremists. How can it be better protected, but also shaped? And what role do the rule of law and the Basic Law actually play in our everyday lives? From May 8, 2024, we will publish ten episodes on this page, which we are developing together with the podcast radio station detektor.fm.
Several live podcast events will take place in Leipzig. After the successful start at the end of AprilThe next live talks are scheduled for Wednesday, September 4 and Thursday, September 5, 2024.
Host Rabea Schloz from detektor.fm welcomes exciting discussion partners from politics, society, justice and culture to the foundation's own pop-up studio. The audience can get directly involved or take part in surveys.
The episodes bundle the results of the discussions thematically and are thus a new, independent experience for the participants and first-time listeners. You can find all episodes on our website and wherever podcasts are available, e.g. here:
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#1 The right and the rule of law - how threatened is our constitution?
Where are the weak points of the rule of law - and how could an authoritarian-populist party undermine them by democratic means? The judiciary and constitutional courts are often one of the first targets of attacks by enemies of democracy. How do we protect the rule of law and democracy? These are the questions addressed in the first episode of the Basic Law Podcast.
Our guests
Nora Markard is a lawyer and works in the fields of international and constitutional law and legal gender studies. She is Professor of Public International Law and International Human Rights Protection at the University of Münster. She is also on the board of the Gesellschaft für Freiheitsrechte - and on the advisory board of the Stiftung Forum Recht. Her latest book "Jura not alone. 12 Encouragements to Change the World with the Means of Law" was recently published.
Klaas Müller studied law and philosophy at the University of Münster and completed the former with the 1st state examination and specialized foreign language training in international law. He has been a research assistant in the Thuringia project of the Verfassungsblog since 2023. In addition, he is currently starting a doctorate at the interface of asylum law and legal philosophy.
Arne Semsrott is a journalist and activist. He runs the "Frag den Staat" portal, which campaigns for freedom of information and freedom of the press. He is on the board of LobbyControl and founded the Freedom Fund initiative. The initiative buys people out of prison who are serving time for driving without a ticket.
Juliana Talg studied law in Munich and Paris and has also been working as a research assistant on the Thuringia project since 2023. Before that, she worked at the Chair of Legal History at the Ludwig Maximilian University of Munich and at the Junior Professorship for Public Law at the University of Augsburg.
Shownotes
75 years of the Basic Law: a birthday in times of crisis
On May 23, our Basic Law will be 75 years old. This is a reason to celebrate, but also an occasion to take a closer look: How fit is our constitution for the future - for the next 75 years? Or rather: How can we make it fit for the next 75 years? And what is threatening the Basic Law and thus our democracy - from within and from without? All this at a time when there is no shortage of crises and wars: the war in Ukraine and Gaza, the climate crisis, the economic crisis, the aftermath of the pandemic.
Threat scenarios for democracy and the rule of law
Added to this is the rise of the Alternative for Germany (AfD) - a party that, according to the Office for the Protection of the Constitution, is at least partly right-wing extremist. After the research network Correctiv uncovered a secret meeting in January at which high-ranking AfD members, neo-Nazis and entrepreneurs discussed their plans to deport millions of people from Germany, hundreds of thousands have demonstrated across Germany in recent months - against the AfD's inhumane deportation plans and for democracy and the rule of law.
Since Correctiv's revelations, there has also been an intense debate in Germany about how the rule of law, and in particular the Federal Constitutional Court, can be better protected from the influence of radical parties. After all, a look at countries such as Hungary and Poland shows that The judiciary and constitutional courts in particular are often one of the first targets of attacks by enemies of democracy. Podcast host Rabea Schloz spoke to constitutional law expert Nora Markard in a live podcast in our rooms at the Stiftung Forum Recht in Leipzig about why the Federal Constitutional Court is so important for the rule of law and how it can be better protected.
She discussed with journalist and activist Arne Semsrott which threat scenario for our constitutional state he considers to be the most likely.
Weak points of democracy
It sounds absurd that the Federal Constitutional Court would simply be paralyzed. It seems just as absurd for the state constitutional courts, but such a scenario is not at all unrealistic. In the fall, a new state parliament will be elected in Brandenburg, Saxony and Thuringia - when the AfD could become the strongest party according to the polls. Against this backdrop, the Thuringia project from Verfassungsblog is investigating the weak points of democracy - and how authoritarian populist parties could exploit them. And they are doing so with a thought experiment: the research project staff are taking on the role of a state government that wants to undermine democracy. The final results are due to be published in early summer. The project was initiated by the "Verfassungsblog", which regularly publishes articles on constitutional law and legal policy topics. Podcast host Rabea Schloz spoke to Juliana Talg and Klaas Müller - both research assistants in the Verfassungsblog's Thuringia project - in a live podcast in Leipzig about the research project and recommendations for action for the Thuringian state parliament.
Further links and sources
Want to find out more? Here are the important links to the episode:
The Correctiv research can be read here.
The protection of the Federal Constitutional Court was reported on by the MIRROR in two Articles.
More information on the Federal Government's Festival of Democracy is available at here.
And here you can find all information about the Thuringia project.
The recommendations for action from the scenario analysis of the Thuringia project are available at Download available.
And here you can find the website of detektor.fm.
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#2 How are constitutional states undermined worldwide?
Democracies are being weakened worldwide, but what role do constitutions play in this? What can we learn from this for the protection of the German constitutional state? In the second episode, we take a look at authoritarian and anti-democratic forces in Israel, Hungary, the USA and Poland. What is still a threat scenario in Germany is a reality elsewhere.
Our guests
Armin von Bogdandy is Director at the Max Planck Institute for Comparative Public Law and International Law and his research interests include the rule of law in Poland.
Jörg Fedtke is a university lecturer at the University of Passau, where he holds the chair of "Common Law".
Michal Kramer was born in Israel and lives in Berlin. She is a lawyer and works at the Hertie School as manager of the Center for Fundamental Rights.
Marco Overhaus is a political scientist and part of the America research group at the German Institute for International and Security Affairs.
Peter Sawicki is Poland correspondent for Deutschlandradio in Warsaw.
Uriah comes from Israel, but now lives and works in Germany. He has taken part in demonstrations against the controversial "judicial reform" of the Israeli government under Benjamin Netanyahu and has also organized demonstrations himself.
Shownotes
Rule of law under attack worldwide
Around the world, constitutional states are under attack from authoritarian and anti-democratic forces. In countries such as the USA, Israel, Hungary and, until recently, Poland, democracy is under threat from within, from the very forces that are supposed to protect it. How can we resist the dismantling of democracy? In search of an answer, podcast host Rabea Schloz zooms out of Germany in this episode and mentally travels to Poland, Israel and the USA.
USA
January 6, 2021 will go down as a dark day in the history of US democracy: an angry, armed mob of hundreds of Trump supporters violently invaded the Capitol in Washington D.C. Marco Overhaus, political scientist and part of the America research group at the Stiftung Wissenschaft und Politik, explains in the podcast how badly the attack on the Capitol has damaged the rule of law in the USA and the state of democracy in the USA shortly before the next US presidential elections. Jörg Fedtke, an expert in Anglo-American law at the University of Passau, explains why the Supreme Court is so powerful and why Donald Trump is allowed to run for president despite various criminal trials.
Israel
The rule of law is also under attack in Israel. For months, hundreds of thousands of Israelis have repeatedly protested against the controversial so-called "judicial reform" of Benjamin Netanyahu's ruling coalition. They see it as a dismantling of democracy by undermining the separation of powers in favor of the government. Michal Kramer, lawyer and manager of the Center for Fundamental Rights at the Hertie School, explains why democracy in Israel is not as well protected as in other countries and what this "judicial reform" would mean for the Israeli constitutional state. She also talks about the impact of the Hamas terror attack on Israel on October 7 on civil resistance to judicial reform. Activist Uria talks about his fears that Netanyahu's government will continue to push ahead with its controversial reform in the shadow of the war in Gaza.
Poland
The national-conservative PiS party was in power in Poland for eight years and used this time to restructure the state according to its own ideas - in other words, to dismantle democracy and weaken the judicial system. However, with the new pro-European government under Donald Tusk, there is hope that the democratic rule of law will be restored in Poland. Armin von Bogdandy, Director at the Max Planck Institute for Comparative Public Law and International Law, explains the hurdles involved. Peter Sawicki, Poland correspondent for Deutschlandradio in Warsaw, knows just how much power the PiS-affiliated president currently has in Poland. Igor Tuleya, a judge at the district court in Warsaw, talks about the resistance of judges to the PiS's dismantling of the rule of law.
Further links and sources
Want to find out more? Here are the important links to the episode:
About the controversial debates on the Judicial reform in Israel the Federal Agency for Civic Education published a summarizing article in June 2023.
More about democracy and Rule of law in Poland on the website of the Landeszentrale für politische Bildung Baden-Württemberg and the Max Plank Society.
Marco Overhaus has contributed to the Democratic crisis in the USA on the website of the German Institute for International and Security Affairs
German Institute for International and Security Affairs.
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#3 How defensible is the Basic Law?
It is said that the Basic Law is a defensive constitution. What instruments does it provide us with to protect the rule of law?
Our guests
Hubertus Gersdorf is Professor of Constitutional, Administrative and Media Law at the University of Leipzig.
Beate Bube is President of the Baden-Württemberg State Office for the Protection of the Constitution.
Burkhard Körner is President of the Bavarian State Office for the Protection of the Constitution.
Stephan J. Kramer is President of the Thuringia State Office for the Protection of the Constitution.
They also have their say with sound bites from the live event in April 2024: Nora Markard, constitutional law expert at the University of Münster and Arne Semsrottactivist and journalist. You can find detailed information on their CVs in podcast episodes #1 and #2.
Shownotes
Protection mechanisms in the Basic Law
Defensive democracy: Politicians often use this term when discussing the rule of law in Germany and the Basic Law. In fact, the idea of a „defensive democracy“ is also enshrined in our Constitution: The Basic Law provides for a series of safeguards designed to protect the rule of law and democracy. The existence of these safeguards is rooted in the history of the Basic Law’s creation: In 1948, three years after the end of World War II, the Parliamentary Council—the constituent assembly—convened. It consisted of 61 men and four women. Together, they were tasked with drafting a new constitution for the Federal Republic. For eight months, the members of the Parliamentary Council debated the text of the Basic Law. On one point, however, they were in agreement: something like the Nazi dictatorship must never be allowed to happen again. In its work, the Parliamentary Council explicitly drew on the experiences of the Weimar Republic era. To prevent the democratic system from being dismantled once again by opponents of the constitution, certain safeguards were incorporated into the Basic Law. In this episode, we discuss these instruments of a resilient democracy—which are enshrined in the Basic Law itself—with constitutional law experts Hubertus Gersdorf and Nora Markard.
Constitutional protection as an early warning system
Political and religious extremism and terrorism, sabotage, or even espionage: there are many potential threats to the rule of law. The Office for the Protection of the Constitution is tasked with identifying these threats early on and issuing warnings about them—it sees itself as an early-warning system for democracy. The Office for the Protection of the Constitution is one of the protective mechanisms established in Article 73(1)(10b) of the Basic Law. We spoke with the directors of three state offices for the protection of the constitution about how the Office for the Protection of the Constitution operates, what it means when a person or group is „under observation“ by the Office, and how to prevent the Office from being infiltrated: Beate Bube of the Baden-Württemberg Office for the Protection of the Constitution, Stephan Kramer of the Thuringia Office for the Protection of the Constitution, and Burkhard Körner of the Bavaria Office for the Protection of the Constitution. Activist Arne Semsrott discusses why a commitment to the free democratic basic order is crucial—not only for the Office for the Protection of the Constitution but also for police officers and civil servants.
Editorial Team (Forum Recht Foundation): Kathrin Schön and Marie-Elisabeth Miersch
Further links and sources
Want to find out more? Here are the important links to the episode:
You can find out how the Basic Law protects the defensibility of our democracy in the article in the Brandenburg State Center for Political Education read more.
You can find out more about the Parliamentary Council at Deutschlandfunk and on the historical roots of the GG, the TIME.
The Federal Office for the Protection of the Constitution clarifies politically motivated Extremism in Germany on.
If you would like to read it in detail, the Basic Law digitally available at any time.
And here you can find the website of detektor.fm.
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#4 With the Basic Law against the climate crisis?
Climate change is coming - and if we don't do something quickly, it will be catastrophic. What role can the Basic Law play in tackling the climate crisis?
Our guests
Tanja Busse is a journalist, author, and co-editor of the book *What Rights Does Nature Need?*.
Felix Eckhard is a lawyer and the volunteer chair of the Saxony chapter of the German Association for the Environment and Nature Conservation (BUND). He successfully challenged the federal government’s climate policy in the Federal Constitutional Court.
Shownotes
The climate crisis is coming to a head
At least six people dead and billions in property damage: The flooding in Bavaria and Baden-Württemberg has had devastating consequences. Days of continuous rain caused the Neckar, Danube, Rhine, and other rivers in southern Germany to swell and burst their banks. The sheer scale of the flooding is directly linked to the climate crisis: An analysis shows that, due to climate change, rainfall was up to 10 percent heavier than it would have been without human-caused global warming. Such floods and other extreme weather events, such as heat waves or storms, could become more frequent in the future due to global warming. It has been clear for decades that we face a climate crisis if we do not take action. Nevertheless, relatively little is being done—and Germany is likely to miss its climate targets again this year.
Climate protection has constitutional status
The Basic Law can also play an important role in curbing the climate crisis. After all, climate protection has constitutional status. This was demonstrated in 2021 by the Federal Constitutional Court’s climate ruling. In that ruling, the court ruled on a total of four constitutional complaints regarding climate change and concluded that the federal government’s climate protection policy is inadequate. One of the plaintiffs is Felix Ekardt, a lawyer and volunteer chair of the Saxony chapter of the German Association for the Environment and Nature Conservation (BUND). We spoke with him for this episode.
Opinions among experts vary widely on whether effective climate protection depends solely on how the Basic Law is interpreted or whether we need a new, eco-friendly Basic Law. There are various ideas on how the Basic Law could be amended. For example, some legal scholars, activists, and environmental organizations are calling for nature to be granted fundamental rights. Author and journalist Tanja Busse also thinks this is a good idea. In the podcast, she explains why and what that would mean.
In this episode, we also talk about why climate protection is also democracy protection and why the climate crisis can also become a threat to our constitutional state.
Editorial Team (Forum Recht Foundation): Kathrin Schön, Marie-Elisabeth Miersch, Lilly Stumpf, Felicia Stahnke
Further links and sources
Want to find out more? Here are the important links to the episode:
About the Report by the Expert Council Read more here.
To the Climameter analysis.
More about Climate Resolution on the Verfassungsblog.
And here you can find the website of detektor.fm.
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#5 Identity in law - Does it matter who writes law?
Does it make a difference which social gender writes the law? Does identity play a role in the constitutional process?
Our guests
Prof. Dr. Judith Froese is a lawyer and has held the Chair of Public Law with Ancillary Areas at the University of Konstanz since 2021. Her research interests include identity, gender, property and wealth.
Prof. Dr. Dana-Sophia Valentiner is a junior professor and holds the Chair of Public Law at the University of Rostock. Her research focuses on constitutional and administrative law with a particular focus on personal rights, electoral law and legal gender studies.
Dr. Claudia Zilla is a researcher at the German Institute for International and Security Affairs. She conducts research on Latin America and the Caribbean, focusing on democracy and development as well as political systems.
Dr. Michael Feldkamp is a historian and has been active in the Bundestag archives for over 20 years. He has written numerous books, including on Konrad Adenauer and the Parliamentary Council.
Shownotes
Identity: What is it?
146 articles and a preamble - the Parliamentary Council worked on it for around six months. 65 members of parliament drafted the Basic Law at the time, just a few years after the Second World War. Germany was divided and the Federal Republic was controlled by the three occupying powers: the USA, Great Britain and France. The Basic Law had two tasks, among others: It is to be a provisional constitution for Germany until reunification with East Germany takes place. And it is intended to prevent a repeat of the dictatorship that previously existed under Adolf Hitler. This raises the question: What role does identity play in law?
If you look at why the Basic Law was drafted the way it was at the time, there is, on the one hand, the temporal context that needs to be taken into account. But there is also the personal context: 65 members of parliament, 61 of them men and only four women. Some MPs were in concentration camps or in so-called "protective custody" under Hitler and lost their jobs, while others continued to work successfully during the war.
Diversity is just one characteristic
However, nobody paid attention to diversity in the modern sense back then. When Chile wanted to adopt a new constitution in recent years, things were different. The Constituent Council there is more diverse than any other official body in Chile. It has equal representation, the indigenous population is represented in proportion to its share of the population, there are young and old members.
But the constitution does not get a majority, the Chileans reject it. So does it make a difference who writes the law? Do men or women decide? People with a history of migration, believers or non-believers? What role does identity play in the constitutional process? In this episode, detektor.fm editor Rabea Schloz talks about this with experts Dana-Sophia Valentiner, Judith Froese and Claudia Zilla. Historian Michael Feldkamp also has his say.
Further links and sources
Want to find out more? Here are the important links to the episode:
You can find out how the Basic Law protects the defensibility of our democracy in the article in the Brandenburg State Center for Political Education read more.
You can find out more about the Parliamentary Council at parlamentarischerrat.de.
If you would like to read it in detail, the Basic Law digitally available at any time.
And here you can find the website of detektor.fm.
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#6 Social Inequality - How discrimination becomes a problem for democracy
Why is social inequality dangerous for democracy? And does the state need to take stronger action against discrimination?
Our guests
Silke Burmester is an author, speaker and publicist. She founded the magazine "Palais F*luxx". It writes about "intoxication, revolt, menopause" and is aimed at women aged 47 and over. One of its aims is to draw attention to age discrimination.
Doris Liebscher is a lawyer specializing in anti-discrimination law, feminist jurisprudence, racism and law. She works at the Chair of Public Law and Gender Studies at HU Berlin and is, among other things, the author of the Handbook of Legal Protection against Discrimination.
Nazli Aghazadeh-Weger is a research assistant at the Chair of Public Law with a focus on social law at the University of Frankfurt, where she is currently writing her dissertation on "Intersectional discrimination in the welfare state - The constitutional duty to establish material equality for women with a so-called migration background in social law".
Ciani-Sophia Hoeder is an author, speaker and journalist. She founded the magazine RosaMag, which is primarily aimed at Black women*. Hoeder's first book, "Wut & Böse", was published in 2021. In spring 2024, she published her second book, "Vom Tellerwäscher zum Tellerwäscher". In it, she writes about classism and social inequality.
Shownotes
We encounter such examples every day: We see, make hasty judgments and act accordingly. In most cases, this is not dramatic, but sometimes such actions lead to unequal treatment, even discrimination. Is social inequality a problem of democracy?
The Basic Law states that no one "may be disadvantaged or favored because of their gender, origin, race, language, homeland and origin, faith, religious or political views". Furthermore, no one should be disadvantaged because of a disability.
Further links and sources
Want to find out more? Here are the important links to the episode:
The findings of the WHO report on age discrimination are summarized in the Ärzte Zeitung together.
If you would like to read it in detail, the Basic Law digitally available at any time. Go directly to article 3 here.
Information on the AGG can be found at Federal Anti-Discrimination Agency. Here you will also find the Manual "Legal
Protection against discrimination" in which Dr. Doris Liebscher participated.
And here you can find the website of detektor.fm.
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#7: Media and Democracy - The Fourth Estate?
Are our media still the fourth estate in the state today? And what exactly does the Basic Law say about the press?
Our guests
Jutta Allmendinger is one of the leading social scientists in Germany. She has been director of the Social Science Research Center Berlin (WZB) since 2007 and is also the author of numerous studies and books.
Patrick Donges is Professor of Communication Studies at the University of Leipzig. His research focuses on political communication, media structures and media policy, theories of communication science and organizational communication.
Felix Flaig studied law and is now a lecturer in criminal law at the University of Leipzig. He makes the channel for funk together with Clemens Pfeifer "The lawyers": in short videos, the two answer questions from the world of law.
Shownotes
Media as a controlling body?
In many democracies, the press is considered the unofficial fourth estate: judiciary, executive, legislature and perspective. Accordingly, the press and film enjoy special freedoms in Germany - as was written into the Basic Law 75 years ago. Since then, our media landscape has changed and developed considerably and no longer only includes print products, audio and moving images as defined by the mothers and fathers of the Basic Law.
This also changed our understanding of the media and the role of media makers. Journalists are supposed to monitor politics by reporting on the plans of ministries, MPs and the government. They are supposed to help shape opinion, uncover scandals and create publicity, but of course not everything they do is political reporting. There are many service portals, entertainment offerings, reporting on "light" topics. What's more, it's no longer just trained journalists who create publicity. Today, anyone with internet access can disseminate information and reach large sections of the population.
Between educational mission and entertainment
This definitely has advantages, but it can also become a problem in a democracy. Why this is the case, whether the media are still the fourth estate in the state today and what the Basic Law actually says about the press is the subject of the seventh episode of the Basic Law podcast "In guter Verfassung". The social scientist Jutta Allmendinger, Felix Flaig from the funk format The lawyers and communication scientist Patrick Donges.
Further links and sources
Want to find out more? Here are the important links to the episode:
The Federal Agency for Civic Education explains briefly and concisely Freedom of the press.
Where do young people get information? The answer is not surprising, but that is precisely why the STANDART article is well worth reading!
If you would like to read it in detail, the Basic Law digitally available at any time.
And here you can find the website of detektor.fm.
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#8 Participation - How the people can participate
How does participation work? What impact does it have on our democracy and how can we use it to protect the rule of law?
Our guests
Heike Schmidt is the Deputy Chairwoman of the Association of Honorary Judges Brandenburg and Berlin Regional Association and herself works as an honorary judge.
Florian Burg is press spokesman for the Federal Statistical Office and the Federal Returning Officer Dr. Ruth Brand.
Shownotes
When the people join in
Without the citizens, nothing would work in a constitutional state: they elect parliaments, provide impetus and get involved on a voluntary basis. They are the ones who protect democracy from enemies of the constitution. And they are the ones who keep the rule of law running.
There are countless ways in which we as a people can get involved, and the Basic Law itself already stipulates a number of things. For example, it gives us the right to take legal action against the state if we feel our rights have been violated. This form of participation may not seem particularly groundbreaking at first - but it is. Because even if only one person takes legal action, a ruling can affect us all. There is also the fundamental right to petition, which means that parliamentarians have to deal with our concerns.
Thousands of people volunteer their time
There are also opportunities that are not directly included in the Basic Law, but nevertheless have a very direct impact on our constitutional state. For example, every few years, up to 650,000 people volunteer as election workers, making elections possible in the first place. And thousands of people sit in court every day - not in the dock, but as honorary judges, also known as lay assessors.
Further links and sources
Want to find out more? Here are the important links to the episode:
How do petitions work? The Petitions Committee of the Federal Government explains it!
How do you become an election assistant? Also the declares our government on a website.
In the Brandenburg and Berlin region, over 10,000 honorary judges are involved in the administration of justice. A lot of information on the office of lay assessor is published by the National association.
If you would like to read it in detail, the Basic Law digitally available at any time. Go directly to article 3 here.
And here you can find the website of detektor.fm.
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#9: Have we missed the chance for a common constitution?
Would a common constitution have prevented structural differences between East and West? Which constitutional aspects from the GDR could possibly have been incorporated into the Basic Law after reunification?
Our guests
Prof. Dr. Maria Wersig is Professor of Legal Foundations of Social Work at the Faculty of Social Welfare, Health and Social Affairs at Hanover University of Applied Sciences and Arts. She is also the former president of the Association of Women Lawyers.
Prof. Dr. Alexander Thiele is Professor of Constitutional Theory and Public Law, in particular Constitutional and European Law at the BSP Business and Law School in Berlin
Markus Meckel is a theologian and has been involved in the opposition in the GDR since the 1970s, was a member of the Central Round Table and, from 1990, the first freely elected Foreign Minister of the GDR. After reunification, he was a member of the German Bundestag for the SPD until 2009.
Shownotes
Still differences between East and West
It's now almost 34 years since reunification. And yet we are still talking about East and West. East and West are converging, but there are still structural differences, for example in wages. This is stated, for example, in the report "The State of German Unity", which was presented by the Federal Government Commissioner for Eastern Europe in October 2023.
There are many reasons why the former wall is still there in many people's minds. And the Basic Law may also have something to do with it. Because there are always voices - such as that of Green MP Katrin Göring-Eckart - who say that we missed a historic opportunity during reunification to create a common constitution and thus create a greater sense of all-German identity.
No new constitution after reunification
When the Wall fell, the democratic will of most people in the GDR was for reunification to take place as quickly as possible and not a long constitutional process. The last freely elected People's Chamber, i.e. the GDR parliament, therefore decides by a large majority in a special session on the night of August 22-23, 1990: the Basic Law is to become the all-German constitution on October 3, 1990. The changes resulting from the Unification Treaty are minimal.
Did we miss a historic opportunity back then to adopt a common constitution? Would such a common constitution have prevented structural differences between East and West? And which constitutional aspects from the GDR could possibly have been incorporated into the Basic Law after reunification? Rabea Schloz, podcast host at the podcast live event in the rooms of the Stiftung Forum Recht for this series of "In good shape" with the audience as well as with the constitutional lawyer Alexander Thiele, the social scientist and lawyer Maria Wersig and Markus Meckel, who was the last and first freely elected foreign minister of the GDR to help negotiate German reunification.
Further links and sources
Want to find out more? Here are the important links to the episode:
What exactly was the Dialogue forum of the Federal Government 2023? Read about it on the website of the Federal Government!
What Katrin Göring-Eckardt about the constitution for a united Germany can be heard on YouTube.
To the Accession of the GDR to the Federal Republic of Germany writes the German Bundestag.
Also extremely worth reading is the Essay by Astrid Lorenz to reunification!
If you would like to read it in detail, the Basic Law digitally available at any time.
And here you can find the website of detektor.fm.
"In good shape?" on the Subscribe to your favorite podcast player and never miss an episode again!
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#10 How has the Basic Law influenced other constitutions?
Whether in the 50s, 70s or 90s - other countries have repeatedly consulted the Basic Law. This shows how timeless and modern the German constitution has always been over the years.
Our guests
Prof. Dr. Dieter Gosewinkel conducts research on comparative constitutional theory at the Social Science Research Center Berlin (WZB). Since this year, he has also been a Senior Research Fellow at the Hamburg Institute for Social Research.
Prof. Dr. Maria Wersig is Professor of Legal Foundations of Social Work at the Faculty of Social Welfare, Health and Social Affairs at Hanover University of Applied Sciences and Arts. She is also the former president of the Association of Women Lawyers.
Prof. Dr. Alexander Thiele is Professor of Constitutional Theory and Public Law, in particular Constitutional and European Law at the Business & Law School, Berlin School of Management and Law (BSP).
Shownotes
A law as a role model
This year we are celebrating 75 years of the Basic Law in Germany. But Germany is not the only country in which the Basic Law applies. Wait, what? How is that possible? Quite simply: numerous countries have incorporated parts of the Basic Law into their own constitutions: Taiwan, for example, South Korea, Poland, Hungary or even Spain.
Sometimes you can even find word-for-word translations of the German constitution in the constitutional texts of these countries. But what actually makes the Basic Law so attractive?
"The Basic Law is characterized by the fact that it is both liberal and democratic, i.e. a liberal-democratic constitution. This means that, in addition to the democratic republican elements, there are also liberal elements, elements of the rule of law, such as the separation of powers and, above all, fundamental rights have been made very strong," says Prof. Gosewinkel from the WZB.
Still not an "export hit"
Whether in the 50s, 70s or 90s - other countries have repeatedly consulted the Basic Law. This shows how timeless and modern the German constitution has always been over the years. Nevertheless, there was a turning point in the early 2000s: Since then, there have hardly been any states that have been inspired by the Basic Law when drafting their constitutions. What has changed since then? And which parts of our constitution have been adopted the most? This is what detektor.fm editor Rabea Schloz talks about in the 10th and final episode of "In good shape? The Basic Law for tomorrow" with her guests.
Further links and sources
Want to find out more? Here are the important links to the episode:
Dieter Gosewinkel wrote an article about the Basic Law as an export hit Article for the ZEIT.
Berthold Kohler comments on how timeless our constitution is in the Frankfurter Allgemeine.
If you would like to read it in detail, the Basic Law digitally available at any time.
And here you can find the website of detektor.fm.
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Who makes this podcast?
Podcast power from Leipzig
For the project, the Stiftung Forum Recht and the podcast radio detektor.fm two partners from Leipzig who are pooling their expertise in podcasts and communicating the rule of law.
Founded in 2019 by the German Bundestag, the Stiftung Forum Recht offers events and educational programs on the topics of law and the rule of law at its locations in Karlsruhe and Leipzig as well as digitally. With "Justice, Baby! The podcast on law and justice", the foundation already produced a successful 13-part podcast in 2023.
The podcast radio detektor.fm is a journalistic radio and podcast platform based in Leipzig and was most recently awarded the German Radio Prize and the Grimme Online Award for the storytelling format "Teurer Wohnen" in 2023. Our podcast is the second season of the detektor.fm podcast "In good shape. The Basic Law Podcast". Rabea Schloz and Hajo Schumacher took a close look at the 146 articles of the Basic Law.
Do you have any questions or suggestions?
We look forward to receiving messages to social[at]stiftung-forum-recht.
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A live podcast by the Stiftung Forum Recht and the podcast radio station detektor.fm.
