This module introduces participants to Germany’s post-war democracy. We will explore the following guiding question: Which political institutions enabled democracy to take hold and stabilize in a post-war society with a totalitarian past?
Germany experienced two distinct but intertwined transitions, the transition to democracy after the Nazi dictatorship in the West and after the Communist dictatorship in East Germany (which led to German re-unification). We begin the lecture by outlining which historical legacies West Germany had to deal with after the end of World War II in 1945, and East Germany after the end of communism in 1989/90. We will examine how the country’s historical experience with totalitarianism led to a particular constitutional architecture meant to protect its liberal democracy against potential attacks from within - a “militant democracy”. We take a closer look at the constitutional principles of the German Federal Republic as enacted by article 20 of the German Basic Law, in particular the principles of democracy, rule of law and federalism, and how these principles translate into political institutions. We also identify and discuss potential tensions between the principles of democratic sovereignty and rule of law. Finally, we draw conclusions about the ability of Germany’s political system to respond to current and future challenges.