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German Law - A reflection of German history or the demands of the allied powers?

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  • Essay length: 3515 words
  • Submitted: 19/06/2006
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University Degree English Legal System

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German Law - A reflection of German history or the demands of the allied powers?

On 1st September 1948, the Parliamentary Assembly met for the first time, called by the German Landtage, but ultimately demanded by the occupying allied powers, Britain, France and America. They were charged with the creation of a stable constitutional system for the three west German zones that later became the Federal Republic of Germany. Some restrictions were placed on this assembly by the allies, but in this essay hope to show the extent of the freedom of the Assembly, and the fact that the Basic Law which emerged from it was largely the product of German history and not allied coercion.

The first area to examine is the historical sequence of events which led to the drafting of the Basic Law. One important thing to notice is that the three governments involved in the occupation of western Germany after the Second World War - the French, British and Americans - were far from agreed about the way to proceed with the rebuilding of a German government. Aside from the fact that they had been forced to accept the inevitability of

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