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What does the 1949 Basic Law tell us about the perceived flaws of the Weimar Constitution? Are constitutional weaknesses, by that token, an adequate explanation for the emergence of fascism in Germany?
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What does the 1949 Basic Law tell us about the perceived flaws of the Weimar Constitution? Are constitutional weaknesses, by that token, an adequate explanation for the emergence of fascism in Germany? The basis for the Basic Law of 1949 was very much a reaction to the events in Germany over the previous three decades. The crisis of the early 1920's and early 1930's eventually brought down the Weimar Republic, which at the time was "widely acclaimed as one of the most democratic in the world"1. The economic and political situation of the Republic must be considered, as well as the apparent constitutional weaknesses, when deciding what the reason behind the emergence of fascism was in the Weimar Germany. Kershaw sees the "failure of German resistance" towards political extremes, in particular fascism in the form of Nazism as having "its roots in the strife-torn political climate of the Weimar Republic"2. Others...
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