The Basic Law for the Federal Republic of Germany (German: Grundgesetz für die Bundesrepublik Deutschland) is the constitution of Germany. It was approved on 8 May 1949, and, with the signature of the Allies of World War II on 12 May, came into effect on 23 May, as the basic law of those states of West Germany that were initially included in the Republic. In a few years the Federal Republic included all of West Germany, i.e. those parts of Germany under American, British, or French occupation.
The German word Grundgesetz may be translated as either Basic Law or Fundamental Law (Grund is cognate with the English word ground). The term Verfassung (constitution) was not used, as the drafters regarded the Grundgesetz as temporary for the provisional West German state and that a constitution be formally enacted under the provision of Article 146 of the Basic Law for an ultimate reunified Germany. After the adoption of "this Basic Law" the East German Soviet occupation zone was transformed into the communist German Democratic Republic (GDR) with its constitution.
The Communist regime in East Germany toppled in 1990 and the GDR was peacefully absorbed by the Federal Republic of Germany. Rather than adopting a constitution under Article 146 of West Germany's Basic Law, the Bundestag (Parliament of West Germany) used Article 23 of the Basic Law to allow the accession of East Germany territories to West Germany, therefore, placing East German territories under the fundamental authority of West Germany's Basic Law. After the accession of East Germany to West Germany Article 23 was repealed and Article 146 and the Preamble of the Basic Law were amended. Article 23 read as follows:
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- Former Article 23 of the Basic Law for the Federal Republic of Germany
- For the time being, this Basic Law shall apply in the territory of the Länder of Baden, Bavaria, Bremen, Greater Berlin, Hamburg, Hesse, Lower Saxony, North Rhine Westphalia, the Rhineland Palatinate, Schleswig-Holstein, Württemberg-Baden, and Württemberg-Hohenzollern. In other parts of Germany it shall be put into force on their accession.
As part of the process, East Germany, which had been unitary since 1952, re-divided into its original five partially self-governing states (Bundesländer), with East and West Berlin reuniting into a new city-state (like Bremen and Hamburg). Some changes were made to the Basic Law in 1990, mostly pertaining to the accession, such as to the preamble and Article 146 of West Germany's Basic Law. Additional major modifications of the Basic Law were made in 1994, 2002 and 2006.
Read more about Basic Law For The Federal Republic Of Germany: Drafting Process, Important Differences From The Weimar Constitution, Constitutional Institutions
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