Germany: A Basic Law Built Against Dictatorship

West Germany's Basic Law of 1949 was written by people determined to prevent a repeat of Weimar's collapse and Nazi dictatorship. It opens with human dignity: 'Human dignity shall be inviolable. ' The chancellor can be removed only by a constructive vote of no confidence. The ceremonial federal president has limited powers, unlike Weimar's president. A Federal Constitutional Court in Karlsruhe can strike down laws and ban parties that seek to abolish the democratic order.

An 'eternity clause' (Article 79(3)) forbids amendments that would abolish federalism or core principles. Elections use a mixed proportional system with a 5% threshold. The 16 Länder are represented in the Bundesrat, which must approve laws affecting them. Called a 'Basic Law' because it was meant to be provisional until reunification, it became the constitution of united Germany in 1990. It is widely seen as a model of 'militant democracy', though critics debate how far a democracy should go in restricting anti-democratic parties.