The new constitutions of east Germany

The restoration of the Lander in the former GDR in 1990 and the unification of Berlin called for a round of constitution drafting in the east that resulted in considerable discussion and controversy within the attentive public and, especially, among legal scholars in all of Germany. Controversy focused on two general issues: direct democracy and certain constitutional provisions such as social rights and state goals. Direct democracy is nothing new for the Länder, since most West German Land constitutions provided for referenda long before the Wall collapsed. But the three‐step process adopted in the east, and in particular the relatively low signature requirements for initiatives and petitions, both of which were in fact first introduced by Schleswig‐Holstein in 1990, did not meet with universal approval. Even more controversial were certain provisions in the Land constititions, for example, Brandenburg, that probably violate the Basic Law, and a number of unenforceable social rights and state goals that raise questions about feasibility and false expectations. This leaves us with questions about just how different from their western counterparts the constitutions in the new Lander really are and whether, given the relatively weak position of the Lander in the policy‐making process in the German federal system and the EU, their constitutional provisions matter that much.     

Looking on: France and the new Germany

Franco‐German reconciliation lies at the root of post‐war European co‐operation. The Franco‐German alliance, formalised in 1963, has become a powerful axis with which all other European powers have had to deal. It is contended in this article that the main French fears over German unification were those of a nation discovering itself to be a junior partner in a relationship within which it had long pretended to seniority. This article retraces French reactions to German unification during 1989–90, and reviews the state of contemporary Franco‐German relations with regard to personal relationships, changing perceptions of the equilibrium of the Franco‐German alliance, foreign policy, relations with central and eastern Europe, and European integration.     

Nothing but gloom: Women and academia in the new Germany

The real losers in restructuring the former East German university system are women scholars. Women are not only the first to lose their positions in the process of Abwicklung they are also the last to be considered in the new stage of rebuilding the university system. Thus the politics of Abwicklung, has to be understood as a microcosm of the gendered nature of German unification as a whole. Unification has provided German conservatives the opportunity to roll back not only the social policies of the east, but also the feminist achievements in the west. While this process may, because of the specificity of unification, be restricted to the German situation, nevertheless many studies show that even without the process of unification, women in virtually all former eastern European countries are experiencing their ‘forced’ return to the private sphere.     

The War with Germany

The War with Germany . By Robert Stevenson (Melbourne: Oxford University Press, 2015), pp.xvi + 303, AU$59.95 (cloth).     

The future Germany and the future of NATO

The events of 1989 have raised questions about NATO's future and purpose. Two different views are held by Germany and the USA. The Germans seek the political and economic unification of the EC, the construction of a European pillar within a demilitarised NATO, and a pan‐European collective security system. In contrast, the Americans seek to preserve NATO as a military alliance responsible for western European security under American leadership and to equip NATO with competences extending beyond the NA TO area. Whilst insisting on greater western European burden sharing and security coordination, the Americans see the roles of the CSCE and the WEU as complementary to NATO's.     

The Electoral Supporter Base of the Alternative for Germany

Using data from a recent nationwide survey, we provide the first analysis of the supporter base of the Alternative for Germany (AfD) since the party's split and ideological re‐orientation in mid‐2015. Hypotheses are derived from the literature on Populist Radical Right Parties (PRRP s) in Western Europe. Our findings indicate that AfD support—despite the party's euro crisis origins and rapid organizational and ideational changes—is by now due to largely the same set of socio‐economic, attitudinal and contextual factors proven important for PRRP parties elsewhere. Right‐wing political attitudes concerning immigration, political distrust, fears of personal economic decline, as well as gender and socialisation effects are the most relevant explanatory variables. However, some of our findings – the importance of right‐wing economic policy preferences, the strong support by certain immigrant groups, and the role of the long‐term regional political context – stand out and distinguish the AfD from other Western European PRRP s.     

The Role of the Internet in Political Campaigns in Germany

The Internet has become an important infrastructure for political campaigns around the world, and various online tools have become pervasive campaigning devices. Still, most research on the role of the Internet and online tools in political campaigns focuses on US presidential campaigns. Due to the specific institutional context in the US, this research might not provide realistic observations about the role of the Internet in future campaigns in other countries. Researchers will have to enrich the debate through systematic studies of the role of the Internet and various online services in campaigns in political, legal and cultural contexts different from those prevailing in the US. This special issue aims to add to the discussion by presenting a number of empirical studies focusing on the role of the Internet and various online services during the campaign for the German federal election of 2009 and its aftermath.     

The failure of immigration reform in Germany

After many years without substantial activity in immigration policy, the German Red–Green government which came to power in 1998 introduced an American-style Green Card and a new citizenship law. From these beginnings, the immigration reform campaign captured the public imagination, and for two years a broad spectrum of figures from German public life took part in a lively debate on the issue. A law was eventually adopted by parliament and promulgated in spring 2002, but – in the wake of a voting scandal in the Bundesrat – it was struck down by the Federal Constitutional Court weeks before its scheduled entry into force. This report recounts the story of the now defunct immigration law and seeks to shed valuable light on German politics by analysing what the key differences were that divided the main political parties.     

Corporate governance in Germany: The changing role of the banks

The article analyses the different channels ‐ industrial stakes, supervisory board mandates, proxy voting ‐ by which German banks can exert influence on industrial companies. The central thesis is that even where the banks have such influence they do not dominate the companies. A recent empirical study on the effects of the alleged bank dominance over industrial companies with detrimental effects on their performance is shown to contain major methodological mistakes. The relationship between banks and industry is undergoing some distinct changes. Banks have substantially reduced their industrial stakes as well as their representation on supervisory boards, which underlines that they are not striving for industrial leadership. Despite a clear trend in the German corporate sector to pay increasing attention to shareholder value and to provide more transparency in accounting, it seems premature to expect the German capital market, including the corporate governance system, to incorporate fully the Anglo‐Saxon model in the immediate future.     

Dealing with North Korea: The case of the agreed framework

The “Agreed Framework,” a deal that the United States and the DPRK cut in Geneva in October 1994 on the North Korean nuclear issue, now approaches the first of its check points to pass a test as to whether it really has a chance to survive. The United States is required to secure by April 21, 1995, a “supply contract” for the provision to North Korea of a light water reactor project as a quid pro quo for North Korea’s eventual dismantlement of its suspected nuclear weapons program over a period of ten or more years. With the reactor issue looming as but the tip of the iceberg that results from the many “ambiguities” and “omissions” of the Agreed Framework, the United States now enters a stage where it will have to brace for another wave of North Korea’s “diplomatic brinkmanship” featured again by threats of reneging on the Agreed Framework and involving the United States in a renewed military conflict on the Korean peninsula.     

The Electoral Cycle and Multi-Level Voting in Germany

The aim of this contribution is to analyse whether Land elections may (have) become uncoupled from the federal electoral process, and, if they have, to explore the implications for party competition in Germany. Initially, an overview is presented of the relevant theoretical models that can help unpack the relationship between different electoral arenas. Secondly, how these ideas have been applied to national and sub-national electoral competition in Germany is outlined, before an examination of the 'fit' of the data in both the pre- and post-unification periods. We conclude with reflections on two key features that have regularly surfaced in Gordon Smith's writings: party system change and political stability.     

Property and constitutional order: Land tenure reform and the future of the African state

The debate over land law reform in Africa has been framed asa referendum on the market – that is, as a debate pittingadvocates of the growth-promoting individualization of propertyrights against those who call for protecting the livelihoodsand subsistence rights of small farmers. This article arguesthat the prospect of land law reform also raises a complex bundleof constitutional issues. In many African countries, debatesover land law reform are turning into referenda on the natureof citizenship, political authority, and the future of the liberalnation state itself. The article describes alternative landreform scenarios that are currently under debate, and identifiesthe constitutional implications of each. The practical salienceof the issues is illustrated through reference to land reformpolitics in Côte d’Ivoire, Uganda, South Africa,and Tanzania.     

'Chief Executives' and their Parties: The Case of Germany

Based on a combination of two analytical perspectives on the relationship between chief executives and their parties, this article offers a historical assessment of chancellor/party relations in Germany since 1949. The case study provides only modest support for the popular assumption that the leaders of left-wing governments are generally more constrained by their parties than their 'bourgeois' counterparts. There is also little evidence supporting the view that the formal combination of party chairman and head of government per se determines much of the relationship between chief executives and their parties. Rather, both with regard to the durability of coalitions and the policy-making capacities of German chancellors, it is the relationship between the former and the Fraktion leaders of the coalition parties in the Bundestag that seems to constitute a key variable.     

The German solidarity pact: A case study in the politics of the Unified Germany

The political process in the old Federal Republic was distinguished by all‐pervasive negotiations and an orientation towards consensus, as indicated by the concepts of ‘co‐operative federalism’, ‘co‐operative opposition’ and ‘neo‐corporatism’ frequently used to describe relations between the federation and the state governments, between the federal government and opposition, and between the federal government and organised economic interests. Some observers expected German unification to lead to fundamental changes in these traits. This study of the negotiations which took place over a ‘Solidarity Pact’ between September 1992 and March 1993 concludes that, far from the political process of the old Federal Republic having been transformed by unification, its distinguishing traits appear rather to have been reinforced. It argues that, whilst there will be no second Solidarity Pact, cooperation and compromise will remain more pervasive in the politics of the unified Germany than confrontation and polarisation.