FRG: BASIC LAW (CONSTITUTION) Flashcards
What was the main concern for the allies regarding government?
Ensure that the democratically elected elites would retain control and could not be effectively replaced by a dictator.
What did the constitution restore?
The federal nature of the state after Nazi centralisation.
Who regained their power over regional issues under the new constitution?
Länder with elected representatives.
Which two electoral systems were combined to elect people to the Lower Chamber (Bundestag)?
Proportional Representation and first past the post.
How was the President elected?
Chosen by a representative convention made up of all the members of the Bundestag and elected Länder representatives.
What is the definition of Basic Law?
Technically not a constitution for West Germany, as it wasn’t permanent, it was hoped that Germany would be reunited and therefore law amended.
What was the first of the two main caveats for the West German constitution?
The new constitution was to remain under the strict control of the Western Occupying Powers.
What was the second of the two caveats of the new constitution?
The new constitution was to be drawn up by a parliamentary council of 65 delegates from Lander.
What was the highest aim for the new constitution?
To create a strong and stable democracy that could not be overthrown.
What did the new constitution place special emphasis on?
Human and civil rights.
What happened to the federal presidents powers?
Dramatically diminished to mainly representative functions.
How was the president chosen?
By a special assembly made up of members of the Bundestag, and an equal number of members elected by the Lander parliaments.
What were the two-tiers of the parliamentary structure in the FRG?
The Bundestag and the Bundesrat.
What was the alternative to the old vote of no confidence?
The Bundestag could only bring down the chancellor and his government by a ‘constructive vote of no confidence’.
What did the new constitution uphold?
The pluralism of political parties as a necessity for a stable and functioning democracy.
What was not allowed with regards to discussing important issue under the new constitution?
The option for using direct votes on laws or issues.
What happened to the Weimar structure of proportional representation?
It was maintained but it introduced the the additional member system or mixed member proportional representation.
What did the new ‘form’ of proportional representation allow for?
Representatives for half the seats in the Bundestag to be elected by a majority vote in their constituencies and the other half through PR.
What was the ‘5% hurdle’?
Any party that won less than 5% of the national vote was barred from parliament.
What was the issue with the Supreme Court under Weimar?
Its judiciary had not been wholly sympathetic to democracy.
What was created regarding the Supreme Court?
A new agency with the right to investigate and prevent any anti-democratic activities from left or right.
What happened in the 1950s regarding various political parties under the ‘Supreme Court’?
SRP & KPD were both forbidden along with a couple of extremist youth organisations.
