French and German Constitutions
This is an excerpt from the paper...
This research paper describes and compares the principal provisions and features of the present constitutions of the Fifth Republic of France and the Federal Republic of Germany. There are important similarities and differences between the two constitutions reflecting the historical experiences of each nation with parliamentary democracy. Both constitutions were adopted under crisis conditions and were intended to remedy excesses of previous governments but the nature of those crises and failures were fundamentally different. In each, somewhat different methods were used to achieve a reasonable balance between individual rights, legislative prerogatives and effective executive action. Each constitution contains unique features. In practice both of them have worked out well. Methods and Circumstances of Adoption The Constitution of the Fifth French Republic was adopted by a popular referendum which approved it by a four to one vote on September 28, 1958. It was promulgated as law in October of that year. After Charles De Gaulle took power in the emergency in June, 1958, a new constitution was drawn up by the executive in consultation with the National Assembly which approved it on June 3, 1958 by a vote of 350 to 163. The German Constitution took the form of a Basic Law, grundgesetz, which was drafted in 1948 1949 by a Parliamentary Council under the chairmanship of the leader of the Christian Democratic Party, Konrad Adenauer. The P
. . .
um." In December, 1992, the "main political parties reached agreement on . . . a constitutional amendment to the law of asylum," which tightened requirements to entry into Germany, especially for economic migrants.6 Article 110 of the Basic Law contains a requirement that the budget be balanced, which Hartrich says, harks back to the memories of the disastrous inflation of the 1920s.7
Division and Separation of Powers
Both constitutions provide for an independent judiciary, but not one on the American model with the power by judicial review to declare any statute unconstitutional. The Basic Law provides for a Federal Constititutional Court. Ardagh says this innovation was important because "after 1945, it was seen that Hitler's lawyers had managed to exploit the system, and so the rule of law was clarified and strengthened, in order to prevent a reoccurrence of such abuses."8 Article 21 provides that the Constitutional Court can declare unconstitutional any party which seeks to "impair or destroy the free democratic basic order or to endanger the existence of the Federal Republic." no amendments can be made that "would limit its guarantees of human rights or alters the country's democratic basis." Ardagh says the Basic Law i
. . .
Some common words found in the essay are:
Basic Law, De Gaulle, Republic Germany, French Constitution, Europa Book, Bayeux Head, Weimar Constitution, President Chancellor, Treaty French, Bund Lander, basic law, de gaulle, french constitution, germans york, world book, federal republic, europa world book, national assembly, europa world, richest reich york, harper row, row 1987, reich york macmillan, germans york st, york macmillan 1980,
Approximate Word count = 1802
Approximate Pages = 7 (250 words per page)
More Essays on French and German Constitutions
|
Customer Service
to Over
32,000 Professionally Written Papers!!!
