Important Differences From The Weimar Constitution
Basic rights are fundamental to the Basic Law, in contrast to the Weimar Constitution, which listed them merely as "state objectives." Pursuant to the mandate to respect human dignity, all state power is directly bound to guarantee these basic rights. Article 1 of the Basic Law (in German legal shorthand GG, for Grundgesetz), which establishes this principle that "human dignity is inviolable" and that human rights are directly applicable law, as well as the general principles of the state in Article 20 GG, which guarantees democracy, republicanism, social responsibility, federalism, and the right of resistance should anybody undertake to abolish this order, remain under the guarantee of perpetuity stated in Article 79 Paragraph 3, i.e., those two cannot be changed even if the normal amendment process is followed.
There are no emergency powers such as those used by the Reichspräsident in the Reichstag Fire Decree of 1933 to suspend basic rights and to remove communist members of the Reichstag from power, an important step for Hitler's Machtergreifung. The suspension of human rights would also be illegal under Articles 20 and 79 GG, as above.
The constitutional position of the federal government was strengthened, as the Bundespräsident has only a small fraction of the former power of the Reichspräsident. The government now depends only on the parliament.
To remove the chancellor, the parliament has to engage in a constructive vote of no confidence (Konstruktives Misstrauensvotum), i.e. the election of a new chancellor. The new procedure was intended to provide more stability than under the Weimar Constitution, when extremists on the left and right would vote to remove a chancellor, without agreeing on a new one, creating a leadership vacuum. In addition it was possible for the parliament to remove individual ministers by a vote of distrust, while it now has to vote against the cabinet as a whole.
Article 32 of the Basic Law allows the states to conduct foreign affairs with states with regards to matters falling within their purview, under supervision of the Federal Government.
Article 24 states that the Federal Government may 'transfer sovereign powers to international institutions'.
Read more about this topic: Basic Law For The Federal Republic Of Germany
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