This Note will develop a Constitutional Model of German Unification by analyzing the Basic Law amendments that occurred as a result of German unification.
This section will also explain the constitutional authority under which Germany entered into the unification process.
Section III will: (1) identify the Basic Law amendments that resulted from unification; (2) detail the provisions of each amendment; (3) explain how each amendment relates to unification; and (4) describe how each amendment contributes to the Constitutional Model of German Unification.
Section IV will define the Constitutional Model of German Unification by: (1) identifying and explaining the seven constitutional characteristics of German unification; (2) proposing constitutional recommendations for future unifying States in light of Germany's unification experience; and (3) predicting the content of future Basic Law amendments relating to unification.
A discussion of the constitutional effects of German unification necessarily implicates two different procedures that will be discussed in this section: the passage of constitutional amendments and the conclusion of treaties.
22) Both the unification treaties involve the Federal Government's treaty-making power so only the federal treaty-making power will be described in this Note.
Sources of Constitutional Authority for German Unification
There is broad consensus that the constitutional authority for German unification could have derived from either Article 23 or Article 146 of the Basic Law.
37) "Confederation" was another possible route to unification under the 1990 Basic Law.
Hans Modrow, the East German Prime Minister, suggested another early proposal for unification that enjoyed initial support.
It is unlikely that a large Santa Clarita Valley unified district would be efficient or cost-effective, and the most likely scenario is that the overall cost of a single unification would be the loss of dollars targeted to elementary sites.
If unification in any form is to proceed, it must involve both the advantages and disadvantages of the resulting district configuration, as well as the overall impact on the education of our student population.