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

Economic justice

As said, the drafters of the Grundgesetz had lived through the world
economic crisis and its devastating effects for the Weimar Republic, Germany’s
first full-fledged democracy. Mass unemployment and poverty led to deep
disappointment and paved the way for Hitler, promising the masses work

and income. Consequently, the constitution stipulates a “social state” (Sozialstaat)
for Germany.
Democracy, the Rule of Law and Federalism were established concepts
in 1949. But what did a “Sozialstaat” entail? The constitution remained fairly
unspecific in this matter. It left the parliaments to spell out the balance between
individual responsibility and state benefits. But it made sure that the state could
not escape its responsibility. Germany’s social market economy and its system

of participation of trade-unions in decision making are often described as the
attempt to reconcile capital and labor. The “Rhenanian Capitalism” is juxtaposed
to the Anglo-Saxon model of laissez-faire. Until today, Germany’s constitution
contains both: individual freedom and a strong welfare state.

The provisional constitution stays alive- and hotly debated

The original concept of the Grundgesetz in 1949 was to create a transitory
order for those parts of Germany that were free from dictatorship with the idea
that a permanent democratic order would be established for the whole of
Germany upon reunification. Nobody knew it would take over 40 years
to achieve reunification. When the moment arose, there were intense debates
about the right way to proceed. The Grundgesetz itself included the possibility
to draft an entirely new constitution. But in the end, it was decided that East
Germany should join West Germany. The Grundgesetz stayed.

It is only natural that a society keeps discussing and evaluating its written
rules and underlying norms. Has the influence of political parties gone beyond
the original intentions of the drafters? Have they “hijacked” state institutions?
How should Germany deal with demands for more direct democracy?
The constitution leaves room for changes, although the original drafters were
very suspicious of plebiscites.

6 70 Years Old and Still Going Strong - A Look at Germany’s
Constitution 30 Years After the Fall of the Berlin Wall

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