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(e) The problem of division and the loss of territories

(f) The basic dilemma: provisorium or definitivum, super-national integration or national re-unification; trends of evaluation

(g) Weimar and Bonn: to what extent was German democracy re-shaped or rather newly shaped; the two post-war situations compared.

## II. Constitutional Development and Political Structure

### 1. Weimar and Bonn: modifications of the Basic Law

(a) Three contentions out of the double catastrophe of 1933 and 1945:

- to avoid the weaknesses of the Weimar Constitution

- to master the heritage of totalitarian dictatorship

- to modify the realities of occupation policy and transform it into a functioning democratic state of its own

(b) Of first importance appeared the experience of Weimar and its failure; constitutional conclusions of considerable weight (some think too much)

(1) to prevent dualism between parliamentary and presidential elements

(2) by weakening the position of the president

(3) strengthening that of the chancellor and his government(only chancellor is responsible; struktives Misstrauensvum)

(4) recognizing the political role of the parties, while the electoral law works against splinter parties

(5) certain basic principles of democratic structure are declared unchangeable: civil rights, federal structure, multi-party system; democratic structure of parties and their full adherence to the constitution are demanded

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(6) constitution not neutral (as in Weimar) but bound to basic democratic values; thus pseudo-legal change (as 1933) impossible, as far as a constitution can hinder it. Such an elaboration seems necessary in a country where legal positivism is stronger than constitutional traditions.

(7) establishment of a federal constitutional court as guardian and interpreter of that constitution of modified parliamentary democracy

## 2. The federal structure - past and present

(a) Traditional elements of German federalism, as distinct from any other European country, except Switzerland

(b) Problems of delimitation after 1918 (Reichsreform) and 1945; again impact of occupation (as 1806) on Neugliederung

(c) The Laender, in new shape, as first stage in re-establishing German statehood

(d) The significance of the Bundestag, politically, administratively

(e) The practical importance of federal structure: furthers political mobility, serves as reservoir of political leaders and offers opportunity of political participation to parties which at the federal level are in opposition

(f) Discussion of advantages and disadvantages of federalism; functions of a decentralized culture and education policy

(g) How far could traditional German federalism and projected European federalism support each other?

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3. Bundesverfassungsgericht - its legal, political, educational significance

(a) Corresponds to the concept of modified parliamentary democracy:
parliament is not omnipotent and beyond constitution. The court as
highest authority is, however, elected by Bundestag and Bundesrat and
therefore exposed to attempts of the parties and especially of the
government to influence, with its composition, the constitutional
decisions. The court, furthermore, can act only on application,
not on its own

(b) This is understandable, in view of the growing political weight
of the court; proved more efficient and independent than the
Staatssgerichtshof of the Weimar Republic (e.g. 1932). Its great
impact became visible in connection with a number of important
decisions: politically as a safeguard of democracy and an additional
instrument of political control; in terms of political education
of the public by spreading knowledge of, and trust in, the
constitutional order (unlike Weimar)

(c) Two main functions: constitutionally - guarding the compatibility and conformity of political acts (by government and legislature) with the constitution and particularly its basic articles (civil rights, substance unchangeable, defense of democratic and federal structure); politically - helping to maintain the balance of federal and state powers, and between the executive and legislative branches, often by supporting opposition against superior power of chancellor regime; in this connection electoral modus significant (by Bundestag and Bundesrat) each with 2/3 majority

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(d) Legal and technical competences remarkably wide (some detail)

(e) Some examples of decisions, their political framework and their effects

4. Problems of an emergency law

(a) Present discussion concentrates on the legal possibilities, the political implications and the argument of necessity (as a means to transfer the role and the rights of the former occupation powers)

(b) Controversies about comparative examples of emergency legislation and the historical experience: V. Republic; role of emergency powers in the destruction of the Weimar Republic

(c) Different stages of discussion and various drafts of emergency legislation since 1955

(d) Present situation: the Weischer-Plan and the political fronts; distinction between outer and inner emergency; critical evaluation

III. Government and Administration - Trends of Development

1. The Kanzlerdemokratie

(a) The weight of institutional and of personal factors for the emergence of that particular form of government, combining features of parliamentary and cabinet democracy with some elements of presidential democracy

(b) Constitutional and institutional provisions (resume)

(c) The emergence of Adenauer and the specific style and technique of his rule (relation to parties and parliament, pressures groups, the public). The effects on parliament and parties; plebiscitary elements and tendencies, authoritarian and bureaucratic traits of rule

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(d) Crisis and decline of Chancellor system since 1959 and 1961: end of the Adenauer era. Transformation and aspects of a new style in the relationship of Chancellor, parliament, parties, interest groups and the public.

## 2. Parliament and bureaucracy

Follows some observations in the *Daedalus* article, with special reference to the German situation, and to the problems of parliament and bureaucracy on the level of the Laender

## 3. The place of the new army: Bundeswehr and democracy

(a) Different from 1918: establishment of democracy precedes re-establishment (and even consideration) of army; break and continuity appear in a different light

(b) Main periods: the great swing of 1950/51, its external and internal motives (cold war and Korea; West orientation and German sovereignty)
Rearmament controversy in public opinion and between political groups

(c) Institutional and technical planning before 1954 (EDC) and after;
supranational and national aspects

(d) The problem again: army and democracy. Political safeguards, reform conceptions (citizen in uniform); problems of (national) tradition; relationship to party - and parliamentary politics (especially opposition); the army as vehicle of political education (Schule der Nation) - pro and contra.

(e) The army in a world civil war situation, in a divided nation

(f) Domestic and international restrictions of German military power;
the political meaning of its position within the strategy of the
West