Is the Basic Law unchangeable?
The Basic Law for the Federal Republic of Germany can in principle be changed with a two-thirds majority in the Bundestag and Bundesrat. However, certain basic ideas are excluded from this, which the authors of the Basic Law regarded as unchangeable.
The eternal protection of the Basic Law
Due to the time of National Socialism and the associated extreme human rights violations, the Formation of the Basic Law (GG) made sure that certain basic ideas are unchangeable and for eternity should apply.
- This is stated in Article 79 Paragraph 3 (Art. 79 para. 3), which is often referred to as the eternity clause. Accordingly, all changes are inadmissible which affect the division of the Federal Republic into Länder, their participation in legislation or the principles of Articles 1 to 20.
- The main aim of this article is to protect human dignity according to Art. 1 para. 1 GG secured and the state bound by fundamental rights (Art. 1 para. 3 GG), so that it cannot inflict any injuries like during the times of National Socialism.
- It is also important that the state principles of the Federal Republic Germany are preserved, as stated in Art. 20 para. 1 GG are laid down. This includes, among other things, that Germany is a republic that is democratic and social and based on popular sovereignty and separation of powers.
Is the eternity clause also unchangeable?
Of course, one could get the idea that the immutability of the Basic Law could be overridden if one simply followed Art. 79 para. 3 would change or remove completely.
Everyone's rights - definition of terms
In the Basic Law of the Federal Republic of Germany there are different types of ...
- Although it is not expressly stated in this article that this is also unchangeable, this has been generally assumed since the introduction of the article.
- Otherwise, the sense and purpose of the regulation would ultimately come to nothing. It could also be argued that the principles of Articles 1 to 20 could be indirectly affected in the future if their safeguards were removed.
- Nevertheless, there is still the possibility that the eternity clause will in fact be overridden. This would be the case if a new constitution according to Art. 146 GG, which would replace the current Basic Law. However, it has not yet been conclusively clarified under constitutional law whether the authority that drafts the constitution is also bound by the eternity clause and thus the basic features of the Basic Law are preserved in the new constitution have to.
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