The 1989 Revolution in East Germany and its Impact on Unified Germany's Constitutional Law

The Forgotten Revolution?

By Stephan Jaggi

The book promotes a completely new understanding of constitutional lawmaking in Germany. A thorough analysis of the 1989 Revolution in the GDR demonstrates that it is wrong to reduce the Revolution's meaning to bringing about German unification and an unconditional adoption of West German constitutional law by the new states. Instead, the author shows that the Revolution had its own constitutional agenda, at least parts of which were transferred to unified Germany, where mostly the Federal Constitutional Court integrated them into the West German constitutional order. Case analyses reveal that unified Germany's constitutional law is a co-production between East German revolutionaries and the old Federal Republic. *** "This path-breaking book provides a new framework for the deeper understanding of German constitutional development -- challenging conventional wisdom with striking new insights into the dynamics of reunification after 1989."~-- Bruce Ackerman, Sterling Professor of Law and Political Science, Yale University *** "This book is a seminal analysis of East Germany's peaceful revolution of 1989. It explodes the prevailing assumption that German unity was little more than an all-out takeover of the East German state under the auspices of West Germany's Basic Law. Jaggi's narrative documents in masterly detail the all-but-forgotten victories the movement had achieved in areas such as housing, land reform, environmental protection, social welfare, gender equality, and social property rights, several of which were constitutionally redefined in unified Germany as obligatory state goals. This book is a 'must-read' for any student fascinated by constitutional decision-making in the aftermath of a popular revolutionary moment." -- Donald Kommers, Joseph and Elizabeth Robbie Professor of Political Science and Concurrent Professor Emeritus of Law, University of Notre Dame Law School *** "In his new book, Professor Jaggi presents a provocative and original view of the continuing importance of ideas of the 1989 citizens' movement in East Germany and the influence of those ideas on the constitutional law of united Germany. The views advanced in this carefully researched and impressive work will be of importance for anyone interested in German unification and its political and constitutional consequences." -- Peter E. Quint, Jacob A. France Professor Emeritus of Constitutional Law, University of Maryland Francis King Carey School of Law [Subject: Legal History, Constitutional and Administrative Law,?Comparative Law]


Publication Date: 6/16/2016
Format: Cloth
ISBN: 9781509908011