Southwest State Case

1 BVerfGE 14 (1951)

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Southwest State Case

Federal Republic of Germany Federal Constitutional Court
1 BVerfGE 14 (1951)

Facts

Following the Second World War, the Allied Powers restructured certain states in the Federal Republic of Germany (West Germany). In particular, the Allied Powers divided the historic states of Baden and Wurttemberg from two states into three states: Baden, Baden-Wurttemberg, and Wurttemberg-Hohenzollern. When West Germany enacted the Basic Law of Germany in 1949, the newly created states became co-equal states. Article 118 of the German Constitution provided that the new boundaries of these three states may be effected by agreement among the three states. Article 118 also provided that if the states failed to reach agreement, the federal government would provide for a referendum on the reorganization. The three states failed to reach agreement on the reorganization, and the federal legislature of West Germany passed two reorganization laws. The two reorganization laws were conditional on a popular referendum within the affected region. The first law extended the terms of the legislatures of Baden and Wurttemberg-Hohenzollern; the second law provided the terms for a referendum on whether to divide the three states into two states. The state of Baden challenged this reorganization, arguing the reorganization was unconstitutional despite the Basic Law’s authorization of the reorganization by popular referendum.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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