The Domestic Politics of German Unification

By Christopher Anderson; Karl Kaltenthaler et al. | Go to book overview

Notes
1.
See, for example, Häberle 1990. The argument for a new beginning was even made by two justices of the Federal Constitutional Court. See Ernst-Wolfgang Böckenförde and Dieter Grimm, "Nachdenken über Deutschland," Der Spiegel, March 5, 1990: 72-77.
2.
See Preamble of the Basic Law of the Federal Republic of Germany (hereafter cited as GG). The Preamble envisioned "a new order of political life for a transitional period [until] the entire German people are called upon to achieve in free self-determination the unity and freedom of Germany."
3.
For an excellent description of these procedures and a discussion of the arguments for and against their use, see Quint 1991.
4.
The Basic Law was never ratified by popular vote. It was approved by the legislatures of the then existing Ldnder. The Parliamentary Council that drew up the Basic Law consisted of delegates also chosen by the Länder legislatures. See Merkl 1963, 58-59.
5.
See Judgements of April 22, 1953, 2 Entscheidungen des Bundesverfassungsgerichts 226, 277 (hereinafter cited as BVerfGE); February 26, 1954, 3 BVerfGE 288, 319; August 17, 1956, 5 BVerfGE 85, 126; March 26, 1957, 6 BVerfGE 309, 336; July 31, 1973, 36 BVerfGE 1, 16; and October 21, 1987, 77 BVerfGE 150-151.
6.
Constitutional experts, legal scholars, and other academicians were far from unanimous, however, in preferring Article 23. More than 100 academicians, among them sixty legal scholars and social scientists, came out in favor of Article 146 as the preferred route to unity. See Frankfurter Rundschau, March 30, 1990. Their statement followed a declaration in favor of Article 23 by 100 public law professors, including many of the Basic Law's leading commentators. See Die Welt, March 30, 1990. See also the statements of Christian Starck (preferring Article 23), Frankfurter Allgemeine Zeitung, April 5, 1990; Jürgen Habermas (preferring Article 146), Die Zeit, March 30, 1990; and Josef Isensee (favoring Article 23), Frankfurter Allgemeine Zeitung, April 6, 1990.
7.
See Dolzer 1990. Other scholars, however have contested this view. See Frowein 1990; Giegerich 1991.
8.
Badische Zeitung, March 31, 1990.
9.
36 BVerfGE 1, 29. See also Frowein, supra note 10, at 12.
10.
Constitutional Act of July 22, 1990, Gesetzblatt der DDR, Teil 1 ( 1990): 955. In addition, the twenty-three districts of Berlin were to be combined to form a single city-state. See Unification Treaty, infra note 15, Article 1 (2).
11.
Representatives of France, Great Britain, the United States, the Soviet Union, and the two German states concluded the Two-Plus-Four Treaty on the Final Settlement with Respect to Germany, Bundesgesetzblatt, Teil II ( 1990): 1,318. The Treaty Between the Federal Republic of Germany and the German Democratic Republic on the Establishment of German Unity ( August 31, 1990) is the official title of the Unification Treaty. See Bundesgesetzblatt, Teil II ( 1990): 889. The official English translation of both treaties appears in The Unification of Germany in 1990: A Documentation, supra note 5. Unless otherwise indicated, quotations from the treaties are taken from this source.
12.
Two-Plus-Four Treaty, Article 1 (4).
15.
The new formula continues to give a political advantage to the smaller states. The five new Ldnder, together with Berlin, have twenty-three votes, equal to

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