Constitutional History as an Integral Part of General History: The German Case

Abstract

The German Constitution (»Basic Law«) of 1949 is generally regarded as a successful and effective constitution. Many attribute the altogether lucky development of the Federal Republic of Germany not least to this constitution and its interpretation and implementation by the Federal Constitutional Court. However, neither the Basic Law nor the jurisprudence of the Constitutional Court play a significant role in the books of historians on the Federal Republic. The article argues that the influence of constitutional law on political behavior and social relations is a decisive factor for the situations, developments and events that historians want to describe and explain. A number of examples show where the objects of contemporary historiography cannot be adequately understood and interpreted without regard to the Basic Law and the judgements of the Federal Constitutional Court.