This Day in the Law
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May 23

Federal Republic of Germany Forms (1949)


On May 23, 1949, the Federal Republic of Germany (German: Bundesrepublik Deutschland) formed when it created its new constitution called the Basic Law for the Federal Republic of Germany, (German: Grundgesetz für die Bundesrepublik Deutschland) commonly known as the Basic Law.

World War II and the Holocaust had nearly destroyed Germany, and the country laid in economic, political, and financial ruin. In the aftermath of WWII, the Allied Powers including France, the United Kingdom, and the United States controlled western Germany and the Soviet Union controlled eastern Germany.

On May 23, 1949, the Allies merged their occupied zones in western Germany to form the Federal Republic of Germany (German: Bundesrepublik Deutschland), commonly known as West Germany. West Germany’s constitution, called the Basic Law for the Federal Republic of Germany, (German: Grundgesetz für die Bundesrepublik Deutschland), commonly known as the Basic Law, also went into effect on that day.

In October, 1949, the German eastern occupied Soviet zone became the German Democratic Republic (German: Deutsche Demokratische Republik, or DDR), commonly known as East Germany. From 1949 until 1990 Germany remained divided into the two countries of West and East Germany, until the Berlin Wall was torn down and the two countries reunited to form present-day Germany. Then, when East Germany reunited with West Germany the Basic Law became the constitution of both countries.

Germany’s constitution consists of 146 Articles which define the country’s federal structure and it grants 19 fundamental rights. The Preamble of the German Constitution (i.e. the Basic Law) states its "determination to promote world peace as an equal partner in a united Europe." Some of the main components of the Basic Law include the (i) guarantee of human rights, (ii) restrictions on certain governmental powers, and (iii) the structure of the government. In fact, the Germans found human rights to be so important that the entire first chapter is dedicated to human rights.

Overall, the Basic Law has played an important role in the development of modern Germany, and acted as a model for other European countries and in the creation of the European Union.

In 2009, Germany celebrated the 60th anniversary of the Basic Law and birth of the Federal Republic of Germany, and the 20th anniversary of the Berlin Wall coming down.

Today, over 82 million people live in Germany, including former East Germans and West Germans. Germany is now one of the world’s most industrialized nations and a leader in the European Union.