Reunification clause
Encyclopedia
The Reunification clause was part of the preamble
of the German Constitution
. As a whole, it is known as the German Basic Law
. The preamble was in force from 1949 until 1990.
The preamble ended with the sentence:
The jurisprudence of the Federal Constitutional Court of Germany
therefrom resulted in a constitutional prerogative, which was binding to all governmental entities, to regain German Unity and work toward achieving this objective.
At the time, an attempt was made by oppositional parties to the social-liberal
administrative coalition headed by German Chancellor Willy Brandt
to block the ratification
of the Basic Treaty of 1972. The treaty was negotiated by Brandt's administration to establish good neighborly relations with the German Democratic Republic
, while preserving the premise of the reunification clause. This attempt, however, was thwarted by a ruling of the German Supreme Court
, which cited the autonomous powers that are constitutionally vested in the political parties regarding how the reunification clause was to be implemented.
A constitutional mandate
for state sovereignty
, on the other hand, exists for:
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Preamble
A preamble is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subject of the statute...
of the German Constitution
Basic Law for the Federal Republic of Germany
The Basic Law for the Federal Republic of Germany is the constitution of Germany. It was formally approved on 8 May 1949, and, with the signature of the Allies of World War II on 12 May, came into effect on 23 May, as the constitution of those states of West Germany that were initially included...
. As a whole, it is known as the German Basic Law
Basic Law for the Federal Republic of Germany
The Basic Law for the Federal Republic of Germany is the constitution of Germany. It was formally approved on 8 May 1949, and, with the signature of the Allies of World War II on 12 May, came into effect on 23 May, as the constitution of those states of West Germany that were initially included...
. The preamble was in force from 1949 until 1990.
The preamble ended with the sentence:
- Das gesamte Deutsche Volk bleibt aufgefordert, in freier Selbstbestimmung die Einheit und Freiheit Deutschlands zu vollenden.
- The whole German People remains compelled to fulfill the Unity and Freedom of Germany by virtue of its right to free self-determinationSelf-determinationSelf-determination is the principle in international law that nations have the right to freely choose their sovereignty and international political status with no external compulsion or external interference...
.
The jurisprudence of the Federal Constitutional Court of Germany
Federal Constitutional Court of Germany
The Federal Constitutional Court is a special court established by the Grundgesetz, the German basic law...
therefrom resulted in a constitutional prerogative, which was binding to all governmental entities, to regain German Unity and work toward achieving this objective.
At the time, an attempt was made by oppositional parties to the social-liberal
Social liberalism
Social liberalism is the belief that liberalism should include social justice. It differs from classical liberalism in that it believes the legitimate role of the state includes addressing economic and social issues such as unemployment, health care, and education while simultaneously expanding...
administrative coalition headed by German Chancellor Willy Brandt
Willy Brandt
Willy Brandt, born Herbert Ernst Karl Frahm , was a German politician, Mayor of West Berlin 1957–1966, Chancellor of West Germany 1969–1974, and leader of the Social Democratic Party of Germany 1964–1987....
to block the ratification
Ratification
Ratification is a principal's approval of an act of its agent where the agent lacked authority to legally bind the principal. The term applies to private contract law, international treaties, and constitutionals in federations such as the United States and Canada.- Private law :In contract law, the...
of the Basic Treaty of 1972. The treaty was negotiated by Brandt's administration to establish good neighborly relations with the German Democratic Republic
German Democratic Republic
The German Democratic Republic , informally called East Germany by West Germany and other countries, was a socialist state established in 1949 in the Soviet zone of occupied Germany, including East Berlin of the Allied-occupied capital city...
, while preserving the premise of the reunification clause. This attempt, however, was thwarted by a ruling of the German Supreme Court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
, which cited the autonomous powers that are constitutionally vested in the political parties regarding how the reunification clause was to be implemented.
Other Reunification Clauses
Reunification clauses can be found in:- the constitution of the Swiss CantonsCantons of SwitzerlandThe 26 cantons of Switzerland are the member states of the federal state of Switzerland. Each canton was a fully sovereign state with its own borders, army and currency from the Treaty of Westphalia until the establishment of the Swiss federal state in 1848...
Basel-Stadt
A constitutional mandate
Exclusive Mandate
An exclusive mandate is a government's assertion of its legitimate authority over a certain territory, part of which another government controls with stable, de facto sovereignty...
for state sovereignty
Sovereignty
Sovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided...
, on the other hand, exists for:
- the Swiss CantonsCantons of SwitzerlandThe 26 cantons of Switzerland are the member states of the federal state of Switzerland. Each canton was a fully sovereign state with its own borders, army and currency from the Treaty of Westphalia until the establishment of the Swiss federal state in 1848...
Basel-Land, - by virtue of Austrian State TreatyAustrian State TreatyThe Austrian State Treaty or Austrian Independence Treaty re-established Austria as a sovereign state. It was signed on May 15, 1955, in Vienna at the Schloss Belvedere among the Allied occupying powers and the Austrian government...
of 1955 in the Austria.
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