is Article 146 of Basic Law:
Article 146 of the Basic Law emphasizes the transitory nature of the Basic Law. It does not limit its application to a time before the entry into force of a constitution, by the entire German people after the reunification, it was decided in a free decision. The Bundesverfassungsgericht1 therefore shares my consistent view that only a new constitution can be considered the final decision of the German people of its future state: Have you ever heard this phrase from a politician? Not at all, because he will be wary. Why? A new constitution adopted by the people likely to end today's party dictatorship suddenly.
The federal government therefore has in a memorandum to the Unification Treaty held (opportunistische!) legal opinion that the application of Article 146 is possible, but not necessary and is the Präambelaussage "This Basic Law shall apply to the entire German people," the termination of the transitory nature of the Basic Law clearly put.
For this reason law expert legal opinion is a farce and based on top of that the offense of malicious conduct. First, the Basic Law in its current inventory entirely clear and incontrovertible legal requirements adopted by occupation and not a free decision of the German people were. Second, the Basic Law in 1949 after the preamble old version without the participation of those Germans came into existence, "which had refused to participate. This deficiency could not be resolved by the State Treaty, the accession of the former DDR provides to the Basic Law. This follows the mere fact that the former GDR was able to take as the political representative of the local population has no influence on the Basic Law.
Important digression: the form and content of the final constitution
Article 146 Basic Law contains no provision for deciding on what form the new constitution of the entire German people. Considering the adoption by referendum or would the decision by a popularly elected Constituent National Assembly or a combination of both elements. Requires the adoption of a counter by the government (in above-mentioned memorandum to the Unification Treaty) disseminated in March only simple majorities. A process in the Bundestag and Bundesrat with qualified majority within the meaning of Article 79, paragraph 2 of the Basic Law not only not necessary, it would not satisfy the bargain because, according to the Federal Constitutional Court only decided specifically to constitutional assembly elected for the German people authentic könnte8.
is important to know finally that builds Article 146, the expiry of the Basic Law by a constitution adopted by the people together in any substantive conditions. It is rather based on the fundamental idea that the constituent power of the people is not legally binding.
(Source: buergeranwalt.com)
necessary consequence, there must be a new constitution as, for the moment we have none. Of course, this is the responsible citizen has always been discreet, not because democracy is the rule, but the oppression of the people!
"This fundamental law that applies after the age of unity and freedom of Germany for the entire German people, its valid, on the day on which a constitution comes into force by the German people in a free decision been decided. "then should the Federal Republic of Germany, strictly speaking conceptually, have absolutely no constitutional bodies, because our constitution is under the clear terms of Article 146 no constitution, but only a temporary arrangement, which by a popularly adopted jointly Constitution to be replaced. is the fundamental law, by definition, only a regulatory instrument of the victorious powers. The so-called "German fathers of the Basic Law" here probably little more than point and comma have set.
Article 146 of the Basic Law emphasizes the transitory nature of the Basic Law. It does not limit its application to a time before the entry into force of a constitution, by the entire German people after the reunification, it was decided in a free decision. The Bundesverfassungsgericht1 therefore shares my consistent view that only a new constitution can be considered the final decision of the German people of its future state: Have you ever heard this phrase from a politician? Not at all, because he will be wary. Why? A new constitution adopted by the people likely to end today's party dictatorship suddenly.
The federal government therefore has in a memorandum to the Unification Treaty held (opportunistische!) legal opinion that the application of Article 146 is possible, but not necessary and is the Präambelaussage "This Basic Law shall apply to the entire German people," the termination of the transitory nature of the Basic Law clearly put.
For this reason law expert legal opinion is a farce and based on top of that the offense of malicious conduct. First, the Basic Law in its current inventory entirely clear and incontrovertible legal requirements adopted by occupation and not a free decision of the German people were. Second, the Basic Law in 1949 after the preamble old version without the participation of those Germans came into existence, "which had refused to participate. This deficiency could not be resolved by the State Treaty, the accession of the former DDR provides to the Basic Law. This follows the mere fact that the former GDR was able to take as the political representative of the local population has no influence on the Basic Law.
Important digression: the form and content of the final constitution
Article 146 Basic Law contains no provision for deciding on what form the new constitution of the entire German people. Considering the adoption by referendum or would the decision by a popularly elected Constituent National Assembly or a combination of both elements. Requires the adoption of a counter by the government (in above-mentioned memorandum to the Unification Treaty) disseminated in March only simple majorities. A process in the Bundestag and Bundesrat with qualified majority within the meaning of Article 79, paragraph 2 of the Basic Law not only not necessary, it would not satisfy the bargain because, according to the Federal Constitutional Court only decided specifically to constitutional assembly elected for the German people authentic könnte8.
is important to know finally that builds Article 146, the expiry of the Basic Law by a constitution adopted by the people together in any substantive conditions. It is rather based on the fundamental idea that the constituent power of the people is not legally binding.
(Source: buergeranwalt.com)
necessary consequence, there must be a new constitution as, for the moment we have none. Of course, this is the responsible citizen has always been discreet, not because democracy is the rule, but the oppression of the people!
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