Abstract
Edgar Mass : Montesquieu and West Germany's Fundamental Law. During the Weimar Republic Montesquieu represented the middle-class myth of the freedom of the individual, and the theory of the separation of powers embodied the fundamental tenet of the constitutional system as it guaranteed the balance of power between central and regional authorities. When the Nazis' Ermàchtigungsgesetz (23rd March 1933) suspended the guarantee of human rights, «Montesquieu » was expelled and the result was terror. After 1945 the debates on the new West German constitution were again profoundly influenced by Montesquieu's ideas and he was referred to and quoted. Article 20 of the Fundamental Law dealing with the separation of powers was drawn up with Montesquieu in mind and thus discussions on the interpretation and application of this article still refer to his works.
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