Germany, national Plebiscite [ATP] - Ausserkrafttreten des Grundgesetzes

General Typology

Instrument
Plebiscite [ATP]
Location
Germany
Political level
national
Local Name:
Ausserkrafttreten des Grundgesetzes
Normative Level:
constitutional
Legally Binding:
yes
Legally Defined:

Article 146 [Duration of validity of the Basic Law]
This Basic Law, which since the achievement of the unity and freedom of Germany applies to the entire German people, shall cease to apply on the day on which a constitution freely adopted by the German people takes effect.

References: Basic Law of Germany, 1949 (Accessed 14.04.2020)

Subject Matter:

Duration of validity of the Basic Law

Actors

Author:
Parliament
Initiator:
Parliament
Decision maker:
Electorate

Requirements

Available Time:
Turnout Quorum:
Legal source does not mention turnout quorum
Approval Quorum:
Legal source does not mention special approval quorum
Geographical Quorum:
Legal source does not mention geographical quorum
Excluded Issues:
Other Formal Requirements:

Procedural Elements

Wording Of Ballot Question:
Interaction With Authorities:
Supervision And Support:
Transparency And Finance:

Practice

Archive:
Remarks:

According to prominent commentators of the Basic Law, it would be necessary that the parliament, with its power to amend the constitution, would change Art. 79II before calling a referendum for a different constitution according Art. 146.
References: Maunz-Dürig, Grundgesetz-Kommentar, Band VII, Rdnr. 20ff