The Downfall Of Communism In Eastern And — страница 2

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having one of the strongest economies, in the entire world. In the competition for foreign investment, such an alliance gave the late German Democratic Republic a seemingly insurmountable lead over other nations. In regards to the political aspects of unification, it effectively left a Germany with no national or ethnic minorities, as well as having undisputed boundaries. As well, there was no need to create a constitution (although many of the pitfalls of constitution- building would have been easily-avoided due to the advantages Germany had), because the leaders of the GDR had joined the Federal Republic by accession and, accordingly, allowed its Basic Law to be extended over their territory. For all the good that seemed to be imminent as a result of unification, many problems

also arose regarding the political transformation that Germany was undergoing. Among these problems were the following: the tensions between the Basic Law’s simultaneous commitments to supranational integration and to the German nation state, the relationship between the nation and the constitution as two different modes of political integration and the issue of so- called “backward justice” (Preuss 48). The Federal Republic of Germany’s Basic Law has been the longest-lived constitution in Germany’s history. Intended to be a short-lived, temporary document, the Basic Law gained legitimacy as West Germany continued to march towards becoming a major economic power and effective democratic society. There seemed to be, at first, a tension between the Basic Law’s explicit

support of re- unification and its promise to transfer sovereignty to a supranational institution that would be created. The conflict between West Germany’s goals of national unity and international integration remained the main issue in the country’s politics for many years. As Preuss notes, “It will be extremely difficult to escape the economic and, in the long run also political, implications of this double-bind situation of Germany, one that remains a legacy of the postwar order” (51). Since the unification of Germany was accomplished through accession, it meant, strangely enough, that neither West nor East Germany had a say in the other’s decision on whether to form a unified state or what conditions such a unification would be contingent upon, respectively. Put

simply, the net effect of the extension of the Basic Law to all of Germany did not guarantee the implementation of a new joint governing policy or a new constitution for the country. It seemed, as a result of some esoteric articles of the Basic Law, that the GDR would cease to exist legally and the FRG would survive. It was impossible to draw the conclusion that both would die out and be replaced by a new political identity. Many of the Federal Republic’s laws immediately applied in the GDR (Gloebner 153). Article 146 of the Basic Law, put simply, allowed for the annulment of the Basic Law, to be replaced with another governing system, without previously binding the people to any specific rules. Seemingly, it sanctions revolution, and, “as proved to be the case in 1990, this

is not a purely theoretical conclusion” (Preuss 52). Some suggest that, by unifying through accession, Germany has made problems which could end up overshadowing the benefits of unification. The suggestion is that the implementation of a constitution by a society without experience in utilizing it, without the necessary institutions and without the corresponding value system will bring about more harm than good (politically). The imposition of the Basic Law was the root for much of the mistrust between East and West Germans following unification. In regards to the East Germans, the Law was effectively self- imposed, and “neither submission nor voluntary self-submission is likely to engender the social and political coherence which is a necessary condition for a stable

democracy” (Preuss 54). In regards to the economic aspects of unification, some major problems exist in the transition to democracy and market economics. According to Preuss, the two main issues included in the realm of “backward justice” are the privatization of large pieces of state property, and the punishment of the elites of the previous regimes and their comrades under the headings of “self- purification” and “collective amnesia.” The privatization issue is among the thorniest involved in any country’s transition from communism. For one, a system of procedures must be developed simply to transfer such large amounts of property to private citizens. Also, there must be mechanisms put in place to both protect new owners from claims of previous owners and to