Does Germany’s Basic Law need an update?
Almost 80 years old – and still in great shape? Or does Germany’s most important document urgently need revising?
Happy birthday, Basic Law! On 23 May 2026, Germany’s most important book turns 77. When it was first introduced it was actually only intended as a provisional arrangement – since Germany was still divided following the Second World War, West Germany was not supposed to have a permanent constitution. “This Basic Law was never created for eternity, and yet it has endured and carried us through the decades,” said Federal President Frank-Walter Steinmeier. Over the years, however, a number of amendments have been made – and further changes are under discussion. Answers to the most important questions.
Can the Basic Law be amended?
Yes, but only subject to strict conditions. A two-thirds majority is required in both the Bundestag and the Bundesrat. Certain core principles cannot be changed at all because they are protected by the so-called “eternity clause”. These include the protection of human dignity enshrined in Article 1 and the constitutional principles laid down in Article 20, such as democracy and the rule of law. The eternity clause is one of the lessons learned from the era of National Socialism.
Has the Basic Law ever been amended?
Yes – quite frequently in fact. There have been around 70 amendments since 1949. Examples include:
- 1971: Voting age lowered from 21 to 18
- 1992: A united Europe incorporated as a national objective
- 1990: New German federal states admitted following reunification
- 1994: Environmental protection established as a national objective
Are further amendments being discussed?
Several possible changes are repeatedly debated, such as the inclusion of children’s rights in the Basic Law. Climate campaigners would like to see the goal of climate neutrality by 2045 enshrined in the constitution. There is also talk of strengthening protections for the Federal Constitutional Court in order to shield it from political influence.
Are there calls for a fundamental overhaul, too?
Yes, though these remain isolated. One continuing debate concerns whether German reunification should have resulted in the creation of a completely new shared constitution. At the time, however, it was decided against this because the Basic Law had proved effective and politicians wanted to avoid political and legal uncertainty. Today, most politicians and constitutional lawyers argue in favour of further developing the Basic Law through targeted individual amendments rather than rewriting it entirely.