and political union in institutional as well as in substantive terms, i.e. economic policy co-ordination
at the EC level and a coherent and effective CFSP; the continuation of
Franco-German co-operation; and a strengthening of the military capacities of the Union through the integration of the WEU into the EU ambit.12
The basic perception of European integration remains unchanged, particularly with regard to the role of the EC institutions. The Germanpolitical
elite continues to aim at the phased creation of a legally independent,
state-like political entity with
, National Elections and the Autonomy of American State Party
Systems (Pittsburgh: University of Pittsburgh Press, 1996).
2 For a general overview of the German party system, see, for example, Gerard
Braunthal, Parties and Politics in Modern Germany (Boulder: Westview Press,
1996) and Christopher S. Allen (ed.), The Transformation of the GermanPolitical Party System (New York: Berghahn, 1999). See also Thomas Poguntke,
“Das Parteiensystem der Bundesrepublik Deutschland: Von Krise zu Krise?,”
in 50 Jahre Bundesrepublik Deutschland, edited by Thomas Ellwein and Everhard
-plus-four treaty that formed the legal basis
of the German unification of 1990, a violation of international law. In its
Deutschlandpolitik (Germanypolitics) the party ‘appeals to the directive of
the constitution and to the ruling of the Federal Constitutional Court, which
hold that everything should be done and nothing should be refrained from,
that leads to the unity of Germany’ (REP 1990: 4).
Though the party at times uses nationalist arguments for German unification it is not consistent in its demand for external exclusiveness. According
to the ethnic nationalist tenet
The most commonly cited characteristic of American federalism is ‘dual federalism’. This refers to constitutionally delegated powers for the federal government and reserve powers for the states, with each level administering its own policies. In case of conflict, federal law is supreme so long as the federal government is authorised to act by the constitution. In Germany, federalism is also sometimes described by German scholars as ‘dual federalism’, but sometimes this means the same as above (Trennsystem) and at other times something quite different. That is, it often means ‘dualism’ in the sense that the federal level is responsible for passing most legislation, and the Länder for implementing this legislation on their own responsibility, usually with only legal supervision by the federation. This chapter discusses several types of German federalism, including functional federalism, cooperative federalism, participatory federalism, executive federalism, administrative federalism, unitary federalism and competitive federalism. It also examines the characteristics of German federalism and their implications for German politics, finally addressing some of the challenges confronting the German model of federalism.
of its relationship to an earlier Germany, and reflected too on Henry
Simon’s connection to Germanpolitics and culture, there is a certain
strangeness – but also satisfaction – in contemplating a belated and
renewed connection to that country. It is also, perhaps, an appropriate
way to end a story about travel, exile and belonging.
[ 243 ]
[ 244 ]
organisation that is officially registered as right-wing extremist by the German State. For an
overview of these organisations and the ‘official’ number of organised right-wing extremists, see
the annual Verfassungsschutzberichten (further VSB).
the sore spot of Germanpolitics of that time: the Grand Coalition. This government coalition of the two major parties, the Union block of the CDU and
the Bavarian Christlich-Soziale Union (Christian Social Union, CSU) and the
Sozialdemokratische Partei Deutschlands (German Social
considers to be a
part of the German Kulturnation, yet accepts the Austrian state (not the Austrian nation). It does express the hope that the two states will one day rejoin.
The rights to national identity and full sovereignty are based on the notion
of internal homogenisation. The party wants the German state to be both
inhabited and governed exclusively by members of the German ethnic community. This means that the (few) foreigners that are allowed to live in Germany should not be allowed to interfere in Germanpolitics. This is why the
party forcefully rejects the
Heymanns Verlag, 1992), pp. 141–163.
16 Christian Starck, “The Constitutionalisation Process of the New Länder: A
Source of Inspiration for the Basic Law?,” GermanPolitics 3, no. 3 (December 1994), pp. 118–119.
17 Von Mutius and Friedrich, “Verfassungsentwicklung,” p. 248.
18 Johannes Dietlein, “Die Rezeption von Bundesgrundrechten durch Landesverfassungsrecht,” Archiv des öffentlichen Rechts 120, no. 1 (March 1995),
19 For foreign activities of the Länder, see Nass, “The Foreign and European
Policy,” pp. 165–184.
20 Arthur B. Gunlicks, “German Federalism After
Leonardy, “Federation and Länder in German Foreign Relations:
Power-Sharing in Treaty-Making and European Affairs,” GermanPolitics 1,
no. 3 (December 1992), p. 120.
252 U.S. 416 (1920).
Rudolf, “Die Bedeutung,” p. 65.
Bruno Schmidt-Bleibtreu and Franz Klein, Kommentar zum Grundgesetz
(8th edn; Neuwied: Luchterhand Verlag, 1995), Article 32, p. 646.
The Lindau Agreement is reprinted in most constitutional commentaries on
Article 32. See, for example, ibid., pp. 644–645.
Leonardy, “Federation and Länder,” pp. 124–126.
Siegfried Magiera, “Verfassungsrechtliche Aspekte der
dilemma over the function of the armed forces.’ 4 Others, coming
from a more constructivist perspective, have made similar observations
about the signiﬁcance of the draft. John Duﬃeld, for one, posited that
the anti-militarism innate to Germanpolitical culture ‘has fostered a
strong, if not universal, attachment to conscription, despite its disadvantages in the circumstances of the post-Cold War era and even
though it has no longer been necessary to prevent a replay of the militaristic excesses of the past’.5 Thomas Berger came to the same
conclusion, maintaining that