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The International Journal of the Royal Society of Thailand
Volume XII, 2020

Germans had voted for non-democratic parties. This includes not only Hitler’s
National Socialists (they never got a majority), but other parties (including
the Communists) who rejected parliamentary democracy. It was a “democracy

without (enough) democrats”.
In addition to a painful past, the drafters met in times of a dangerous

future. In 1948 Germany was divided into a democratic Western part and a
socialist Eastern part. However, not only Germany was divided, the iron
curtain cut Europe in two hemispheres, East and West. The United States of
America and the Soviet Union went on a collision course. Many people feared
a Third World War – this time fought with nuclear weapons.
Thus, the 61 men and four women charged with drafting the constitution
had an almost impossible task, but they had the support of the three allied

powers in the West, the United Kingdom, France and the United States of
America. They shared one goal: They wanted to prevent a resurgence of the
Nazi-ideology. The new constitution was intended to be provisional. Even its
name “Grundgesetz” (Basic Law) shied away from the term “constitution”.
It turned out to be one of the pillars for Germany’s democracy, even a source
of pride for many Germans looking for new guidance after the horrors of the
Nazi dictatorship. There is a German word for this coined by the political
philosopher Jürgen Habermas: “Verfassungspatriotismus” (Constitutional
Patriotism).

Let us take a closer look at some of the elements which made the
constitution so special.

Human Dignity

Read the German constitution and you will find a short, striking
beginning: “Human dignity shall be inviolable”. This was a radical departure
from earlier constitutions. Even during the drafting procedure, there were
many alternative versions. But the concept of dignity stuck. Interestingly enough,
you will not find a definition of dignity in the constitution. This does not mean
the drafters did not have a clear concept about it. They had lived through
dictatorship. They left it open so everyone could follow this guiding star in order
to have a clean break with any form of dictatorship. They also left it open so that
the concept could develop to reflect changes in society without having to change
the constitution.

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H.E. Georg Schmidt

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