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The Basic Law for the Federal Republic of Germany [1] (German: Grundgesetz für die Bundesrepublik Deutschland) is the constitution of the Federal Republic of Germany.. The West German Constitution was approved in Bonn on 8 May 1949 and came into effect on 23 May after having been approved by the occupying western Allies of World War II on 12 May.
Germany's Basic Law (constitution) of 1949 stipulates that only bodies that are constitutionally endowed with legislative power can enact laws. This theoretically precludes legislation such as the 1933 Enabling Act.
The Basic Law for the Federal Republic of Germany divides authority between the federal government and the states (German: "Länder"), with the general principle governing relations articulated in Article 30: "Except as otherwise provided or permitted by this Basic Law, the exercise of state powers and the discharge of state functions is a ...
The law of Germany (German: Recht Deutschlands), that being the modern German legal system (German: deutsches Rechtssystem), is a system of civil law which is founded on the principles laid out by the Basic Law for the Federal Republic of Germany, though many of the most important laws, for example most regulations of the civil code (Bürgerliches Gesetzbuch, or BGB) were developed prior to ...
The procedure for prohibition of a political party involves a judicial process laid-out in the Basic Law for the Federal Republic Germany and relevant enabling legislation, and decisions are appealable to the European Court of Human Rights. It is philosophically grounded in the German constitutional concept of "militant democracy".
Article 21(2) of the Basic Law gives the Constitutional Court the power to ban political parties that either threaten the existence of Germany or "seek to undermine or abolish the free democratic basic order". A complaint may be filed by the federal government, or by a majority of the Bundestag or Bundesrat.
According to Art. 20, para. 2, p. 1 all power emanates from the people, that is the people of Germany. Therefore, Art. 12 para. 1 of German Federal Electoral Law determines in accordance with constitutional law, that only Germans in the sense of Art. 116, para. 1 are eligible to vote. Excluded from suffrage are Germans,
The Basic Law potentially provided two routes for the establishment of a reborn and unified German state; either under Article 23 whereby 'other parts of Germany' over and above the named States of the Federal Republic (Bundesland) could subsequently apply for admission; or under Article 146 where constituent power (pouvoir constituant) could ...