ABSTRACT

The article sheds light on an unintended effect of recent constitutional reform in Germany: the extension of detailed regulations in the constitution. This outcome is explained by the structure of the reform process which caused party political and intergovernmental bargaining as usual. Moreover, the interplay between constitutional policy-making and decisions of the Constitutional Court contribute to the described trend of over-regulation of the constitution. The second reform, currently under way, is likely to continue this trend. As a consequence, the federal system is in danger of losing necessary flexibility, while governance will become neither more effective nor more democratic.