Constitution of East Germany (1949)

The German Democratic Republic (East Germany) was founded in 1949 and was absorbed into the Federal Republic of Germany on 3 October 1990. Its original constitution was promulgated on 7 October 1949. It was heavily based on the "Weimarer Reichsverfassung", (Weimar Constitution) such that the GDR would be a federal and democratic republic. Because the original version did not accurately reflect the actual political climate of the GDR, it was decided in 1968 to replace the old constitution with a new version.

The first constitution of the GDR was proclaimed on 7 October 1949, based largely on a draft prepared by the Socialist Unity Party (SED) in September 1946. The 1949 constitution was intended for a united Germany and may have been written before the Soviet Union had irrevocably decided to establish a separate socialist republic in its zone of occupation. The constitution both resembled and differed from Western parliamentary democracies in various respects. With regard to state organization, the 1949 constitution resembled, at least superficially, the Basic Law (Grundgesetz) of the Federal Republic of Germany (West Germany). As in other parliamentary-democratic systems, provision was also made for two legislative assemblies, the States Chamber (Länderkammer) and the People's Chamber (Volkskammer), and the election of a prime minister (Ministerpräsident) by the party with the largest mandate in the People's Chamber. The president of the GDR, like his Western counterpart, had a very limited role and was removable by a joint two-thirds majority vote in both houses.

Lawmaking was essentially the job of the Volkskammer rather than the Länderkammer, but the latter could propose draft laws to the former. The legislative process also exhibited important differences from the West German model; the East German upper house, the Länderkammer, for example, which represented the interests of the individual states, occupied a much weaker position than its West German counterpart. The Volkskammer was constitutionally defined as the highest organ of state power. Article 51 stated that the members of the Volkskammer were to be elected in universal, equal, and secret elections based on the relative majority principle. Another important difference concerned the role of political parties in the government. According to Article 92, parties with at least 40 seats in the Volkskammer, which then had a total of 400 members, had the right to representation in the government. This policy was consistent with the SED's Marxist Alliance Policy, which stipulated that in order to achieve its aims, the party of the working class must initially work with and through other parties. It also ensured that if the SED was ever demoted to a minority position, its continued influence in the government would be safeguarded if it maintained a minimum of 40 seats. A set of basic human rights, including the right to strike (Article 14) and to emigrate (Article 10) retained features of a liberal Rechtsstaat and formally guaranteed that sovereignty would remain vested in the people.

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