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Inglise keel - Kõik luuletused, mis on inglise keeles
1 Basic law, constitutional engineering
  • The Basic Law (= constitution) drawn up by West German politicians under Allied supervision 48-9
  • Key Themes of Constitutional Engineering: Protecting the constitution Preventing abuse of human rights Ensuring stable government Effective leadership – but no over-concentration of power
  • Compare turbulence of German politics 1918-45, and stability since
In part about design of constitution, in part about Germans becoming democrats
Solutions Concept of the Rechtstaat, a state based on the rule of law – supreme principle of Basic Law Catalogue of human rights (Articles 1-19) Basic rights (and some other provisions) protected by ‘ eternity clause’
Solutions
    • Judiciary, with Constitutional Court at its apex, reviewing constitutionality of laws
      Democracy
      Constitutional engineering only part of the story
      State of the art constitution no good if people not prepared to abide by it
      Weimar = democracy without democrats
      (West) Germany
      Early signs not great
      Almond and Verba (1963) on ‘ political culture’ (also Mexico ) showed that West Germans (unlike Americans and Brits)
      lacked pride in their political institutions and the democratic process
      were less likely to talk about or participate in politics
      were distrustful of political parties
      instrumental attachments to their political system dependent on its capacity to deliver prosperity
    • Legislature - the Bundestag and Bundesrat – passing laws
    • Executive (Chancellor and government): proposing and implementing laws
      • Single executive: President downgraded to ceremonial role
    • Federalism: distribution of responsibilities between central and regional government

Bundestag
Bundesrat

Second Chamber (cf House of Lords)
Represents German Länder (= devolved regions ) in national politics
16 Länder send delegations with voting weights in loose proportion to population
69 members in total
Can veto over 50% of laws (and require reconsideration of the rest )
Extra check on government
Esp. with tendency for ‘ divided government’, different party majorities in Bundestag and Bundesrat
Separation of powers – federalism
  • Germany divided into 16 Länder (11 before unification)
  • But why a federal system?
    • Not ethnically diverse
    • Not that big
  • German history! Germany created 1871 from group of independent German states Constitutional
  • engineering: federalism as means to prevent concentration of power (Allies insisted)
Länder have some own legislative powers, but most legislation at federal level
Länder implement most federal legislation
Federal level and Länder therefore interdependent
Bundesrat = location where that interdependence is played out
Result
‘cooperative federalism’ – more consensus decision- making
Or: ‘Politikverflechtung’, entangled politics, difficult to get anything done
Sources of national pride. Note shift from instrumental to more ‘diffuse’ attachment
Acceptance of norms of democracy
1950 25% felt best to have one party, 53% several parties
1997 7% felt best to have one party, 86% several parties
East and West:
Saksamaa-poliitiline jaotus #1
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