XI. Übergangs- und Schlußbestimmungen - Art 146
Wed, 04 Jan 2017 21:33:25 +0100
Dieses Grundgesetz, das nach Vollendung der Einheit und Freiheit Deutschlands für das gesamte deutsche Volk gilt, verliert seine Gültigkeit an dem Tage, an dem eine Verfassung in Kraft tritt, die von dem deutschen Volke in freier Entscheidung beschlossen worden ist.
XI. Transitional and Concluding Provisions - Article 146
This Basic Law, which since the achievement of the unity and freedom of Germany applies to the entire German people, shall cease to apply on the day on which a constitution freely adopted by the German people takes effect.
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How is this supposed to work? Who can write a constitution? Is the constitution bound to any national or international agreements? What about articles 1-20 (Article 79(3)) of the GG? How many are needed for this referendum to be valid? How high must be voter participation, how many must agree 1/2, 2/3, 3/4? Looks like there is absolutely nothing about this. This article seems to be still highly influenced by the nationalism ideology of a uniform Will of the People. This one feels a bit awkward I think. When you remember that even decades after this basic law was enacted many of the German people still did not identified or were even opposed to it, how this process should work at all?
So a group just doing a putsch seems to me much more realistic.