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Konrad Adenauer (center front) was chairman of the Parliamentary Council that drafted the Basic Law and was later elected the first German Chancellor.

(© picture-alliance/dpa)

May 23, 2009 is the sixtieth anniversary of Germany's constitution - the Basic Law. Conceived in troubled times - the law was drafted while the country lay in ruins and Soviet forces were trying to choke off West Berlin with a blockade of land supply routes - the Basic Law has lasted much longer than  even its drafters expected.

On July 1, 1948, the western Allies informed the leading political representatives in West Germany of their plans for a western state, and the Minister Presidents of the States in the three western occupation zones appointed a Convent of experts who met on Herreninsel island in Chiemsee to draft "Guidelines for a Basic Law." The drafters of this law originally saw it as a provisional solution that could form a basis for government in the West until the eastern states joined the new republic. Although the Eastern states would not accede to the Basic Law until after the October 3, 1990, after the fall of the Berlin Wall, the Basic Law has stood the test of time and now forms the foundation for the rule of law in a reunited and democratic Germany.

The fathers and mothers of the Basic Law gave pride of place to the dignity and freedom of the individual. They were conscious of the shortcomings of the Weimar Constitution and the crimes of the Nazis. Never again was a path to lead to the dead-end of dictatorship. Freedoms of opinion, information, the press and broadcasting were to make Germans responsible citizens. It was also intended to foster trust abroad.

Today, Justice Minister Brigitte Zypries works to uphold the principles of jus­tice, rights and democ­ra­cy enshrined in the Basic Law. Our partners at Deutschland Magazine spoke to her recently about this six-decade success story.

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Federal Justice Minister Brigitte Zypries stands in the the Federal Constitutional Court in Karlsruhe.

(© picture-alliance/dpa)

Ms. Zypries, in May Germany will be celebrating the 60th anniversary of the Basic Law. What was the greatest achievement of the Parliamentary Council that drafted the Basic Law?

Overall, the achievement of the Parliamentary Council was exceptional, particularly when you bear in mind the conditions under which it was drawn up: Germany had provoked and lost a world war with devastating consequences. The country lay in ruins and was burdened with culpability for the serious crimes of the Nazi regime. Germany was subject to occupation law and its state unity was threatened.

Against this background, the Parliamentary Council faced the truly complex task of giving the free part of Germany a new state order with structures that would prevent a repetition of the errors of the past. Especially significant is the fact that the new state was strictly based on the rule of law. It is consistently shaped as a constitutional state and all state power is committed to the protection and respect of basic rights -- first and foremost, human dignity.

The Basic Law begins with the 19 basic rights. What view of humanity does the Basic Law convey?

The Basic Law intentionally and unequivocally acknowledges human and civil rights at the very beginning of the constitutional text. Placing this outstanding emphasis on basic rights was the consequence of the experience with the unjust National Socialist regime. The mothers and fathers of our constitution wanted to stress the special significance of these rights for a liberal democracy and thereby emphasize the fact that the state is there for people -- and not the other way round. In first place stands human dignity, which is not only irrevocable, but also inviolable. The subsequent catalogue of basic rights guarantees above all the rights of freedom and equality. During the last 60 years these basic rights have formed the decisive foundation for the freedom of the state and society in the Federal Republic and simultaneously shaped a very specific image of humanity: the image of the human being as a responsible individual who can freely develop within society and whose individuality and self-determination must be respected by the state. On the basis of this concept, human beings are not isolated and authoritarian individuals. They are -- as the Federal Constitutional Court emphasizes -- oriented and tied to the community.

The Basic Law stands for freedom, unity and democracy. What are the seminal elements of the Basic Law?

The Basic Law stands for freedom that is realized primarily in the basic rights of the individual, which guarantee him or her rights of freedom in relation to state intervention, but also rights of performance and participation. Our constitution also stands for state unity, which the Basic Law always upheld and the preconditions for which it created. And it stands for democracy as the rule of the people, which the Basic Law firmly anchors in Germany. In addition to these, there is a fourth element, namely the social constitutional state, which combine freedom and democracy. It is characterized by the direct legal validity of the basic rights, the guarantee that citizens can challenge every measure of the state that places burdens upon them and, not least, the establishment of the Federal Constitutional Court.

The Basic Law came into force in the western zones of occupation in 1949 and was not called a constitution because of its provisional nature. It was only meant to apply until the division of Germany came to an end. Only then was a vote to be taken on a constitution. This vote did not take place. Why?

The Basic Law envisaged two different ways of re-establishing state unity. On one hand, accession and, on the other, the creation of a new constitution by plebiscite as the constitutional basis for a united Germany. The first course was chosen in 1990. The advantage was not only the fact that unification could be realized rapidly and re­latively easily by that route. A significant part was also played by the trust that the Basic Law had been able to accrue as the foundation of the state order for 40 years.

The Federal Constitutional Court is the custodian of the Basic Law. What special role does the Federal Constitutional Court play in the success story of the Basic Law?

The Federal Constitutional Court made a major contribution to the acceptance and the authority of the values of the Basic Law. That is not least due to the fact that every citizen can appeal to the court with a constitutional complaint. Constitutional complaints account for most of the cases brought before the court in Karlsruhe -- for good reason, they have also evolved into a successful model abroad. A decisive factor in the influential role of the Federal Constitutional Court is certainly also the fact that the court has clarified constitutional issues in numerous rulings in what are often politically controversial areas and also repeatedly strengthened democracy and the rule of law. It demonstrated the importance of the democratic principle, for example, in the recent decisions on electoral law. Significantly, the Federal Constitutional Court also ensures -- if necessary -- that the interpretation of the Basic Law remains up-to-date through the further development of its judgments. One example of this is the recent establishment of a so-called "computer basic right", which guarantees the confidentiality and integrity of information systems in an information technology age.

The Basic Law enjoys an excellent international reputation. What makes the Basic Law so attractive compared to the constitutions of other highly developed countries?

Every country has good reasons for its constitution. As a rule, it is an expression of the specific historical influences that a nation has experienced. You therefore cannot simply transfer constitutions from one country to another. But, of course, achievements that have proved especially positive in the constitutional reality of a country can develop a model character for others. With regard to the Basic Law, this applies particularly to the direct validity of the basic rights, the guarantee of the judicial protection of rights against state action and the model of constitutional jurisdiction -- all these are export articles of German constitutional law.

Together with German justice organizations, you have launched the "Law -- Made in Germany" initiative. What is the message and goal of this initiative?

In an age of globalization, even the law is subject to competition. Anglo-Saxon common law and Continental European ­statutory law are competing with one another. Germany must make a stronger commitment to this competition, because spreading our legal system facilitates the international activities of German businesses, offers German law firms new prospects and increases the readiness of foreign businesses to invest in a country with a familiar legal system. "Made in Germany" is not only a seal of quality for German cars and machinery, but also for German law. In order to promote its scope we have concluded an "alliance for German law" with justice organizations in Germany. The Federal Justice Ministry has also increased funding for the German Foundation for International Legal Cooperation (IRZ) by 50% in 2009.

One last question, Ms. Zypries: Are you a constitutional patriot?

Definitely, yes.