Comparative law notes
Since the German Grundgesetz (GG) was enacted soon after World War II with the express aim of creating federal republic, whose right of independence and sovereignty would gradually emerge. It was intended to be provisional, as the prime ministers of the 11 Federal States at the time hoped for a unified German state. The Preamble actually stated this provisional character, and indeed, it was drafted by delegates of these Laender and adopted by their parliaments instead of a national constituent assembly. Inasmuch as the Germans continuously rewrite or amend their Basic Law, they are treating their Grundgesetz more as ordinary legislation and less as some kind of framework document or some kind of analogous Sacred Scripture. The American constitution has been changed only twenty-seven times during more than 230 years of its existence, while, in its 73 years, the Basic Law has already been amended close to 60 times. Moreover, the requirements for amending the US Constitution are much higher than in Germany, requiring an actual constitutional convention with super-majorities in both the Senate and in the House of Representatives, and in individual state legislatures. The varying procedures for amending the Constitution also reflect different perceptions of the integrity of the constitutional text. The changes in the US Constitution are termed 'amendments': revisions that are attached and numbered without altering the text of the original constitution. On the other hand, in the German Basic Law, a new clause typically replaces a previous wording. Some US Constitutional scholars (Kommers) have noted the Basic Law is more of a hybrid between a constitution and a more malleable legislative code.
