The Preamble of the German Grundgesetz-Constitutional Status and Importance of Preambles in German law

Silagi, Micheal (2011) The Preamble of the German Grundgesetz-Constitutional Status and Importance of Preambles in German law. Acta Juridica Hungarica, 52 (1). pp. 54-63. ISSN 1216-2574

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Abstract

Generally, normative acts are passed without preambles in Germany. The federal Basic Law of 1949, like the Weimar Constitution of 1919, however, did contain a preamble, which has been modified in 1990, upon German reunification. The predominant view on that preamble minimizes its importance for the interpretation of the operative sections of the Grundgesetz. Until 1990, the only normative directive read into the preamble by the Constitutional Court was the precept of the reunification of Germany. According to most authorities on constitutional law, the introductory reference to God (nominatio or invocatio dei) has no legal connotation whatsoever.

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