Chapter

The <i>Land</i> constitutions

Arthur B. Gunlicks

in The Länder and German federalism

Published by Manchester University Press

Published in print July 2003 | ISBN: 9780719065323
Published online July 2012 | e-ISBN: 9781781700464 | DOI: http://dx.doi.org/10.7228/manchester/9780719065323.003.0005
The Land constitutions

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For almost forty years after the federal constitution went into effect, little attention was paid to state (Land) constitutions in Germany. At the end of the 1980s and the beginning of the 1990s, this changed dramatically, for two major reasons. A scandal in Schleswig-Holstein in 1987 involving allegations that the prime minister had been guilty of a serious abuse of power (the Barschel/Pfeiffer affair) led to a thorough revision of that Land constitution, which included both far-reaching plebiscitary (direct democracy) features and provisions strengthening the parliament's control over the government (cabinet). The second cause of a strong interest in Land constitutions was the collapse of the Berlin Wall, the re-emergence of five Länder that had ceased to exist in 1952, and the unification of Germany in October 1990. This chapter discusses the Land constitutions in Germany, the Basic Law and the Länder, origins and legal framework of Land constitutions, and Land parliaments and legislation. It also examines Land executives, judiciaries and social institutions, as well as basic rights, social rights and state goals.

Keywords: Germany; Länder; Land constitutions; Basic Law; parliaments; legislation; direct democracy; judiciaries; social rights; social institutions

Chapter.  8588 words. 

Subjects: European Union

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