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philosophies that are encapsulated in the concept of the "Rechtstaat" and of the existence of a higher law. Its position vis-a-vis the European Parliament curtails its domestic jurisdiction. The constitutional provisions that regulate the relationship between the Bundestag and the other principal institutions of government express a conservatism and a sobriety that stands in sharp contrast to the Weimar Constitution and reflects the terrible experiences of the failure of that "republican constitution," without abandoning its philosophical principles. The spirit which animates the Bundestag--reflected in its norms of parliamentary behavior--likewise express the wisdom of experience, even though the formal rules of procedure show a remarkable continuity with the rules of the parliaments of the nineteenth century.
Reason may
Empirical approaches to politics are sometimes regarded as typically British, and pragmatism as an American characteristic. One of the founding fathers of the U.S. constitutional convention, James Dickinson, warned his colleagues that "experience must be our only guide. mislead us." (5) The bitter experience of unreason in German politics seems to have established pragmatism as a norm of postwar German parliamentary behavior, a pragmatism that values the process as much as the outcome, Anglo-Saxon style.
As a result the the Bundestag has achieved what its forebears could not accomplish: it is national symbol, instrument of democracy, pragmatic participant in à governmental process that clearly bears the marks of German constitutional history. It is an indigenous political institution, as well as being stable and central to the political system.
Parliament and Public
Most
These are the impressive assets of the institution whose forty year history we are marking. However, I cannot candidly conclude that the balance sheet after forty years has no entry on the liability side of the ledger. It is fair to recognize that the Bundestag shares its liabilities in part with other democratic parliaments but it is appropriate today to emphasize their distinctive aspects. What are these liabilities? notable is the fact that the principal work of the Bundestag--the formulation of legislation--is not accomplished in public view. That is partly an expression of the German cultural preference for decision making in private and a corresponding lack of self-confidence among politicians in their ability to succeed in the public arena. This is then reflected in the structure of the legislative process, with its emphasis on party and committee decision making. The committees are relatively closed, except that certain interest groups find it possible to be well informed about their work. The deliberations of the parliamentary parties are kept very