>>100307414That is still a constitution in everything but name.
Yes, it still contains the provision of being a supposedly temporary measure, but it works as the constitution.
Even the American founders did publicly state that the constitution needs to be updated constantly (I think the figure tossed around was 7 years).
Which obviously was fucking good idea to prevent nonsense like with the 2nd Amendment where you get reinterpretations of very unclear lines from utterly different circumstances which massively change the practice of law without touching the constitution.
The German practice has been to codify any and all changes into the constitution for clarity.
Marriage equality, for example, has been codified as a change to the constitution.
However, the Basic Law does have 20 or so paragraph in the beginning that function not as a regulation of constitutional order, but a human rights charter, and which are backed up by another paragraph that forbids any changes to these paragraphs as they are viewed as an eternally immutable set of rules that must govern the treatment of the people by the government. Because Nazis happened.
So, when you see the German courts appear softhearted, this is a big reason. Also the constitutional court is working hard because they have to check any and all laws for such things as violating human dignity (§1), which is a hard one if you are planning on punishing people for crimes.
And yes, the Basic Law is the globally recognized constitution of the Federal Republic of Germany. It just doesn't say "constitution" on the cover and there is a provision that it could be replaced with an entirely new document if the German people deemed it prudent.
Denying this is like one step from going full Reichsbürger.
