The constitutional framework of the new Germany

Unification has again raised the question of continuity and discontinuity in German history. At the end of the Second World War, the jurist Kelsen put forward the theory that as a result of its defeat and. disarmament Germany had ceased to exist as a state. This view was generally rejected in theory, although in practice the position was not so clear‐cut. Subsequently, the use of the Basic Law to effect swift unification, together with the problems resulting from unification, has led to Kelsen's theory gaining in utility and justification.