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Liberal democratic basic order
The liberal democratic basic order (German: freiheitliche demokratische Grundordnung, informal abbreviation fdGO or FDGO) is a fundamental term in German constitutional law. It determines the unalienable, invariable core structure of the German commonwealth. As such, it is the core substance of the German constitution. Building upon more general definitions of liberal democracy, the term has a specific legal meaning in Germany and is part of the German (originally West German) system of a Streitbare Demokratie ("fortified democracy") that bans attempts to dismantle the liberal democratic basic order by what German authorities refer to as "enemies of the Constitution" or "extremists".
In practice, the concept has been used to target various far-right, far-left and other extremist groups. A historical example is the ideological struggle against Soviet-controlled East Germany ("GDR") during the Cold War, when West Germany's commitment to defending democracy was closely linked with its opposition to Soviet and East German authoritarian communism. Ever since the German reunification, the concept has been used to counter the resurgence of far-right extremism.
Theoretically the concept is associated with anti-totalitarianism and with the scholarly field of democracy and extremism research in Germany. While often relying upon scholars in this field, the classification of extremist organisations is ultimately an administrative decision made by the Federal Office ("BfV") or State Offices for the Protection of the Constitution ("LfV"). Associations that threaten the liberal democratic basic order may be banned by the minister of the interior at federal or state level (decision subject to review by administrative courts). Anti-constitutional political parties may only be dissolved by the Federal Constitutional Court.
The FDGO touches on the political order and the societal and political values on which German liberal democracy rests. According to the Federal Constitutional Court, the free democratic order is defined thus:
The free democratic basic order can be defined as an order which excludes any form of tyranny or arbitrariness and represents a governmental system under a rule of law, based upon self-determination of the people as expressed by the will of the existing majority and upon freedom and equality. The fundamental principles of this order include at least: respect for the human rights given concrete form in the Basic Law, in particular for the right of a person to life and free development; popular sovereignty; separation of powers; responsibility of government; lawfulness of administration; independence of the judiciary; the multi-party principle; and equality of opportunities for all political parties.
— Federal Constitutional Court, Judgment of 23 October 1952 – 1 BvB 1/51
People and groups that threaten the liberal democratic basic order are referred to as "enemies of the Constitution" or "extremist" in German government and legal language. Parties as well as groups can be banned if they strive to abolish the FDGO. The willingness of a liberal democracy to ban parties that endanger liberal democracy itself has been termed "militant democracy", or "wehrhafte Demokratie" in German. While conceptually largely similar to broader definitions of liberal democracy, the liberal democratic basic order is distinguished by the measures that are allowed against "extreme" ideologies and groups to defend the order, such as the possibility to ban or officially monitor extremist groups.
According to the 2016 report of the federal office for constitutional protection, opposition to the order stems from both the far-right and far-left extremist spectrum. Far-left formations rally around anti-capitalism, anti-militarism, anti-racism and anti-fascism (Antifa) as far-left extremist activist fields, which are not compatible with and opposed to the FDGO. Far-right extremist groups also reject the democratic-constitutional state, rallying around the fields of the racist great replacement and other conspiracy ideologies, defamation of the press, islamophobia and anti-immigrant sentiment.
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Liberal democratic basic order
The liberal democratic basic order (German: freiheitliche demokratische Grundordnung, informal abbreviation fdGO or FDGO) is a fundamental term in German constitutional law. It determines the unalienable, invariable core structure of the German commonwealth. As such, it is the core substance of the German constitution. Building upon more general definitions of liberal democracy, the term has a specific legal meaning in Germany and is part of the German (originally West German) system of a Streitbare Demokratie ("fortified democracy") that bans attempts to dismantle the liberal democratic basic order by what German authorities refer to as "enemies of the Constitution" or "extremists".
In practice, the concept has been used to target various far-right, far-left and other extremist groups. A historical example is the ideological struggle against Soviet-controlled East Germany ("GDR") during the Cold War, when West Germany's commitment to defending democracy was closely linked with its opposition to Soviet and East German authoritarian communism. Ever since the German reunification, the concept has been used to counter the resurgence of far-right extremism.
Theoretically the concept is associated with anti-totalitarianism and with the scholarly field of democracy and extremism research in Germany. While often relying upon scholars in this field, the classification of extremist organisations is ultimately an administrative decision made by the Federal Office ("BfV") or State Offices for the Protection of the Constitution ("LfV"). Associations that threaten the liberal democratic basic order may be banned by the minister of the interior at federal or state level (decision subject to review by administrative courts). Anti-constitutional political parties may only be dissolved by the Federal Constitutional Court.
The FDGO touches on the political order and the societal and political values on which German liberal democracy rests. According to the Federal Constitutional Court, the free democratic order is defined thus:
The free democratic basic order can be defined as an order which excludes any form of tyranny or arbitrariness and represents a governmental system under a rule of law, based upon self-determination of the people as expressed by the will of the existing majority and upon freedom and equality. The fundamental principles of this order include at least: respect for the human rights given concrete form in the Basic Law, in particular for the right of a person to life and free development; popular sovereignty; separation of powers; responsibility of government; lawfulness of administration; independence of the judiciary; the multi-party principle; and equality of opportunities for all political parties.
— Federal Constitutional Court, Judgment of 23 October 1952 – 1 BvB 1/51
People and groups that threaten the liberal democratic basic order are referred to as "enemies of the Constitution" or "extremist" in German government and legal language. Parties as well as groups can be banned if they strive to abolish the FDGO. The willingness of a liberal democracy to ban parties that endanger liberal democracy itself has been termed "militant democracy", or "wehrhafte Demokratie" in German. While conceptually largely similar to broader definitions of liberal democracy, the liberal democratic basic order is distinguished by the measures that are allowed against "extreme" ideologies and groups to defend the order, such as the possibility to ban or officially monitor extremist groups.
According to the 2016 report of the federal office for constitutional protection, opposition to the order stems from both the far-right and far-left extremist spectrum. Far-left formations rally around anti-capitalism, anti-militarism, anti-racism and anti-fascism (Antifa) as far-left extremist activist fields, which are not compatible with and opposed to the FDGO. Far-right extremist groups also reject the democratic-constitutional state, rallying around the fields of the racist great replacement and other conspiracy ideologies, defamation of the press, islamophobia and anti-immigrant sentiment.
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