Entrenched Clause - Germany

Germany

The Basic Law for the Federal Republic of Germany (Grundgesetz) provides in its eternity clause (Article 79 section 3) that any amendment would be "inadmissible" if such amendment would provide that the Federal Republic would not consist of states (Länder) any more, that the Länder would no longer be entitled to participate in the federal law-making procedures, or if "the basic principles" of Articles 1 and 20 would be affected. "The basic principles" are as follows:

• Duty of all state authority: "The dignity of man is inviolable. To respect and protect it is the duty of all state authority." (Article 1)
• Acknowledgement of human rights: "The German people therefore acknowledge inviolable and inalienable human rights as the basis of every community, of peace and of justice in the world." (Article 1 Paragraph 2)
• Directly enforceable law: "The following basic rights bind the legislature, the executive and judiciary as directly enforceable law." (Article 1 Paragraph 3)
• Republic (form of government): (Article 20 Paragraph 1)
• Federal state (Länder): (Article 20 Paragraph 1)
• Social state (welfare state): (Article 20 Paragraph 1)
• Sovereignty of the People: "All state authority emanates form the People." (Article 20 Paragraph 2)
• Democratic: "All state authority is exercised by the people by means of elections and voting and by specific legislative, executive and judicial organs." (Article 20 Paragraph 2)
• Rule of law (Rechtsstaat): "Legislation is subject to the constitutional order. The executive and judiciary are bound by the law." (Article 20 Paragraph 3)
• Separation of powers: "Specific legislative, executive and judicial organs," each "bound by the law." (Article 20 Paragraphs 2–3)

The original purpose of this eternity clause was to ensure that the establishment of any dictatorship in Germany would be clearly illegal; in legal practice the clause was used by plaintiffs at the Federal Constitutional Court challenging constitutional amendments that affected Articles 1, 10, 19, 101, and 103 regarding restrictions of legal recourse.