Basic law FRG vs Weimar

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  • Basic Law (FRG constitution)
    • Rights
      • Possible to suspend by constitutional legislation
    • Head of state
      • Reichsprasident     Extensive powers: to dissolve the Reichstag, to appoint and dismiss the government, to pass emergency decrees without parliamentary consent.       Direct election by the people for 7 years: re-election always possible.
      • Bundesprasident            Many ceremonial functions.       Very limited powers in the case of emergencies. Elected by parliament and special representatives for 5 years: only one re-election possible. 
    • Electoral system
      • Right of existence for political parties, not fixed in the constitution.    Plebiscites/referendums allowed. Pure PR system in Reichstag (difficult to gain majority).
      • Party pluralism. Plebiscites/referendums permitted. Mixed-member proportional representation with a 5% hurdle in Bundestag elections (fewer parties = more stability).
    • Government
      • National government (Reichsregierung)       Weak position: chancellor and ministers dependent on the president and the Reichstag. Chancellor quite easily removed from office by a vote of no confidence by the Reichstag or dismissed by the president. 
      • Federal government (Bundesregierung) ·         Strong position: chancellor solely responsible to the Bundestag. Chancellor only removed from office by a ‘constructive vote of no confidence’ in the Bundestag (to guarantee stability/continuity). 
  • Parliament
    • Reichstag Able to bring down the chancellor’s government by a vote of no confidence. Main legislative power (in normal times).
    • Reichstrat Only able to delay bills passed in the Reichstag. 
    • Budenstag   Approved the chancellor. Able to take control of the government through the ‘constructive vote of no confidence’. Participated in the election of the head of state and federal court judges. 
    • Bundestrat Participated in legislation in assenting acts. Participated in the election of the federal court judges. 

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