Land Constitutions in Germany

Arthur B. Gunlicks

Publius: The Journal of Federalism, vol. 28, issue 4, 105-126

Abstract: The German state (Land) constitutions were not an object of much intenst in West Germany until unification appeared on the horizon in 1990. With the establishment of five new Länder in former East Germany, there was a new focus on constitution-making in the Länder as well as nationally, where a number of changes to the Basic Law were made in the early 1990s. This “third generation” of Land constitutions was not restricted to the East; indeed, it was based in large part on changes made in Schleswig-Holstein in 1990. It was probably the impact, however, of the constitutions in the five new Länder and the discussion arising from their construction that influenced several western Länder to adopt some of the “modern” features incorporated in the constitutions of the new Länder. While the new constitutions did not ignore the classical rights characteristic of Western constitutions, it was their focus on direct democracy, social rights, and state goals that amused most of the interest and even controversy about them. Copyright , Oxford University Press.

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