Emergency Constitution
An emergency constitution is legal provisions that enable extraordinary measures to be taken, such as the simplification of legislation in emergency situations .
In the Federal Republic of Germany , the emergency constitution is mainly from the May 30, 1968 as an addition to the Basic Law by the Bundestag adopted (BT) emergency laws that the state of emergency , the defense case , voltage drop and disaster control. According to the German regulation, the state of emergency can come into force if an external threat hinders a normal democratic decision-making process, e.g. the Bundestag or Bundesrat can no longer meet. In this case, the joint committee (emergency parliament) takes on essential parliamentary functions .
The passing of the emergency laws was preceded by fierce internal political debates, which also contributed to the establishment of the “ Extra-Parliamentary Opposition ” (APO).
The critics of the emergency laws cited the catastrophic effects of the emergency ordinances of the Weimar Republic (Article 48), which gave the Reich President extensive powers in the event of an unspecified emergency .
The emergency constitution includes regulations regarding:
- Article 10 GG (restriction of the fundamental right to secrecy of letters, mail and telecommunications )
- Article 11 GG (restriction of the fundamental right of freedom of movement )
- Article 12 a GG ( military service and compulsory service)
- Article 20, paragraph 4 ( right of resistance )
- Section IV a (Article 53 a) ( Emergency legislation by the Joint Committee )
- Section X a (Articles 115a to l) State of Defense
The regulations for the legislative emergency (Art. 81 GG) also belong to the emergency constitution.
See also
Individual evidence
- ↑ www.jurion.de Legal text. Accessed June 27, 2014.
literature
- Boris Spernol: State of Emergency of Democracy. The protest against the emergency laws and the question of the Nazi past. Klartext, Essen 2008, ISBN 978-3-89861-962-2 .
- Ernst Benda : The Emergency Constitution , 1968.
- Roman Herzog : Commentary on Art. 115a GG in: Maunz-Dürig: Commentary on the GG , 1969.
- M. Schneider: Democracy in danger? The Conflict over Emergency Laws: Social Democracy, Trade Unions and Intellectual Protest 1958–1968 , 1986.
Web links
- Information from the Federal Agency for Civic Education
- Entry on the emergency constitution on rechtslexikon.net
- www.zeit.de Emergency Constitution changes the Basic Law
Draft approved in second reading - Bonn negotiates allied reservation rights, May 24, 1968
