The 23rd of May marks the 75th anniversary of the German Basic Law. Just six months after the celebration of the 65th anniversary of the French Constitution on October 4th, these anniversaries prompt reflections on the grounding of fundamental principles in time. When the German Basic Law was established in 1949, few believed in its longevity. The term “Constitution” was deliberately avoided to emphasize that it applied only to West Germany, prepared under the directives of the allied occupying forces without direct participation from the people. The challenge was significant – how could this new constitutional order support democratic and liberal reconstruction after the devastation of the Nazi Third Reich (1933-1945)?
The first article of the new Constitution proclaimed a commitment to protecting the dignity of all individuals. However, past experiences called for caution given the history of failed constitutional frameworks in Germany. The Constitution of St. Paul in 1849 and the Weimar Constitution of 1919 attempted to establish liberal and democratic states, but were either not implemented or led to dictatorship. The example of the Weimar Constitution serves as a warning that even a “good” Constitution may not guarantee success.
It is remarkable that the initial lack of interest surrounding the creation of the Basic Law in 1949 has evolved. The concept of “constitutional patriotism”, introduced in German discourse in 1979 and popularized by Jürgen Habermas, highlights the importance of constitutional culture for German identity – a concept not easily translatable to the French context. The consensus around the Basic Law became a crucial argument after the fall of the Berlin Wall in 1989, when debates arose about rewriting a Constitution for all Germans. In 1990, the Basic Law was simply revised to extend its application to the five eastern Länder.
As the German Basic Law reaches its 75th year, the focus shifts to its resilience and adaptability in the face of changing political landscapes. The principles enshrined in the Constitution have proven enduring, serving as a foundation for democracy and the rule of law in Germany. The anniversary of the Basic Law prompts a critical examination of the relationship between constitutional frameworks and societal values, highlighting the need for continuous engagement with democratic principles.
Reflecting on the anniversaries of the German Basic Law and the French Constitution provides an opportunity to assess the evolution of constitutional democracy in Europe. These milestones underscore the importance of constitutional safeguards in protecting fundamental rights and freedoms. As both countries navigate contemporary challenges to democracy and the rule of law, the legacy of their founding documents serves as a reminder of the enduring values that underpin democratic societies. In a time of uncertainty and change, the anniversaries of these foundational texts offer a moment of reflection on the significance of constitutional principles in shaping the future of European democracies.
