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Politics of East Germany

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over the lower courts but on occasion serves as a link in the chain of command by issuing general legal directives. According to Article 93 of the Constitution, the Supreme Court "directs the jurisdiction of the courts on the basis of the Constitution, the laws, and their statutory regulations. . . . It ensures a uniform application of the law by all courts." The directive function of the Supreme Court went far beyond that of supreme courts in Western systems, which as a rule do not give legally binding instructions to the lower courts concerning specific questions of law. The Supreme Court was responsible to the People's Chamber and, between the latter's sessions, to the Council of State. Internally, the organization of the high court consisted of an assembly, a presidium, and three functional administrative divisions known as collegiums for criminal justice, military justice, and civil, family, and labor law. The assembly, which was directed in its plenary sessions by the Supreme Court Presidium, consisted of fifteen directors of the district courts, the chairmen of the higher military courts, and all professional judges.
953:. The first were formed in state-owned and private enterprises, health and educational institutions, offices, and social organizations. The second were established in residential areas, collective farms, and cooperatives of manual laborers, fishermen, and gardeners. Created to relieve the regular courts of their minor civil or criminal case loads, the jurisdiction of the courts applied to labor disputes, minor breaches of the peace, misdemeanors, infringements of the law, truancy, and conflicts in civil law. These courts were composed of lay jurors elected by their respective constituencies. Party officials at the community level generally influenced the nomination of jurors to the community courts and exercised considerable influence on the outcome of cases heard at this level. 95: 25: 922:
subordinated the judiciary, along with all other government organs, to the People's Chamber. Judgeships were restricted to Communists of proven loyalty. The regime officially considered law and justice the tools for building a communist society and declared it the duty of all judicial and legal officers to serve this end. In effect, legal and judicial organs served as agencies for promoting official doctrine, and the careers of personnel in the system were dependent on their political ratings as determined by higher state and party officials.
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1972. Whereas earlier the Council of Ministers had been described as the "executive organ of the People's Chamber," the 1972 statute defined the council as the "government." According to the new law, the Council of Ministers was to "carry out the decisions of the party of the working class on the basis of the laws and decisions of the People's Chamber." The Constitution (as amended in 1974) significantly expanded the functions of the Council of Ministers at the expense of the Council of State.
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prosecutors throughout East Germany, including those active in military courts; he could dismiss them, and they were "responsible to him and bound by his instructions." The Office of the Prosecutor General was also responsible for supervising "strict adherence to socialist legality and protecting citizens from violations of the law." The role of the Ministry of Justice, which was not mentioned in the Constitution, appeared to be largely formal and propagandistic.
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practice, the converse was true; the People's Chamber was obliged to approve those actions that were undertaken by the council and then routinely submitted to the legislature. Similarly, the People's Chamber was given the formal responsibility of selecting the membership of the council; in practice such personnel decisions were made by the
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Hans Reichelt of the DBD; the minister of justice - Hans-Joachim Heusinger of the LDPD; and the chairman of the State Contract Court - Manfred Flegel of the NDPD. The other five positions held by deputy chairman on the Presidium of the Council of Ministers were occupied by members of the Central Committee of the SED. Two of the appointees,
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became head of state. It is reasonable to assume that given East Germany's close adherence to Soviet practices, the increased invisibility of the Council of State since the late 1970s can be traced at least in part to parallel developments in the Soviet Union. Related to the takeover of the council's
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The Council of Ministers was responsible for providing the People's Chamber with the major legal drafts and decisions that subsequently were to be promulgated by the parliament. The work style of the Council of Ministers was a collective one. It normally met on a weekly basis to discuss problems and
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In 1987 the Council of Ministers consisted of a chairman, two first deputy chairmen, and nine deputy chairmen, all of whom constituted an inner circle called the Presidium of the Council of Ministers. The chairman of the Council of Ministers, Willi Stoph, was head of the government (prime minister).
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was the government of East Germany and the highest organ of the state apparatus. Its position in the system of government and its functions and tasks were specified in the Constitution as amended in 1974 as well as in the "Law on the Council of Ministers of the German Democratic Republic" of October
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as a condition of their existence. The other purpose was to catch parts of society that would ordinarily not be represented by the SED, a nominal workers party. For example, the CDU was directed to the large number Christians in the GDR, the NDPD was designed to catch former NSDAP members and so on.
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The county court was the lowest level of the judiciary system, and each of the country's counties had at least one such court, which was presided over by a professional judge and two lay assessors. The majority of all criminal and civil cases were tried at this level; county courts had jurisdiction
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Each district court was presided over by a professional judge and two jurors in cases of original jurisdiction and by three professional judges in cases of appellate jurisdiction. The district courts had appellate jurisdiction in civil cases and original jurisdiction in major criminal cases such as
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Under the Constitution, the Supreme Court, as the highest organ of the legal system, directed the jurisdiction of all lower courts and was charged with ensuring the uniform application of the law on all levels. The highest court not only had the right of extraordinary appeal as a measure of control
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The organs of justice were the Supreme Court, regional courts, district courts, and social courts. Military jurisdiction was exercised by the Supreme Court and military tribunals and courts. The specific areas of responsibility for each level of the court system are defined by law. Professional and
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At the top of East Germany's legal system was the Ministry of Justice, the Supreme Court, and the Office of the Prosecutor General. In 1987 the heads of these offices were, respectively, Hans-Joachim Heusinger (LDPD), Heinrich Toeplitz (CDU), and Josef Streit (SED). The Prosecutor General appointed
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In 1987 four of the nine deputy chairmen represented the four non-SED political parties allowed to operate in East Germany. The four non-SED deputy chairmen were the minister of posts and telecommunications - Rudolf Schulze of the CDU; the minister of environmental protection and water management -
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of the SED; Stoph was also chairman of the Council of Ministers, and Sindermann was president of the People's Chamber. Four of the deputy chairmen of the Council of State represented the other four political parties, as did four of its seventeen members. The day-to-day functions of the council were
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Like all other aspects of the government administration of East Germany, the party was the ultimate decision maker in the operation of the legal system. The Constitution, however, provided for the right of citizens to a voice in the judicial process and the selection of judges, directly or through
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lay judges of the courts are elected for five years by corresponding representative bodies, except district court judges, who were elected directly by the citizenry. They were subject to dismissal for malfeasance and for violations of law and the Constitution in the performance of their duties.
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In fact, separation of powers did not exist in the East German system of government. Although the Constitution asserted the independence of the courts, it also subordinated the judiciary to the political authorities and their political goals. Even the superficially democratic 1949 Constitution
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implementing them. In elections, voters only had the option of approving or rejecting a single "united list" of NF candidates. Elections were not secret and voters that rejected the National Front list or struck candidates from the list faced consequences. Two of the block parties were formerly
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their elected representatives. It further provided for citizen participation in the administration of justice in an effort to deter crime. Basic guarantees for justice were said to derive from the "socialist society, the political power of the working people, and their state and legal system."
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and the Central Committee of the SED. The Council of Ministers was required to work closely with the People's Chamber, and according to its administrative guidelines, the council was required to have all its legal drafts and decisions approved by the People's Chamber before they became law. In
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In the mid-1980s, the functions performed by the Council of State included representing the country abroad and ratifying and terminating international treaties; supporting local assemblies in the implementation of their economic and budgetary plans; administering electoral laws that govern the
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In referring to the Council of State, the Constitution declared that it consisted of the chairman, deputy chairmen, members, and secretary; it did not specify the number of deputy chairmen and members. In 1987, under the chairmanship of Honecker, there were eight deputy chairmen and seventeen
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carried on by a staff consisting in 1987 of twenty offices and departments, all of which were headed by SED members. Despite the presence of non-SED members as deputy chairmen and members of the leadership group, SED control was guaranteed by the presence of Honecker, Stoph, Sindermann, and
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All of these parties were subservient to the SED, which per the GDRs constitution was the ruling party. All decisions, in practice, were made by the Politburo of the Central Committee of the SED, with the Central Committee of the SED and the Volkskammer rubber-stamping its decisions and the
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plans put forward by individual ministers. It also confirmed decisions that were already made by the Presidium. The Presidium was of special importance because of its responsibility for handling the affairs of the council when the full body was not in session.
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during his tenure as first secretary of the SED. After Ulbricht was forced to relinquish that position in 1971, the prestige and authority of the council correspondingly began to decline. However, although it was no longer the de facto supreme executive organ,
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The purpose of the National Front was to give the impression that the GDR was a democracy governed by a broad-based coalition. In fact, all parties and mass organizations were subservient to the SED, and had to officially accept the SED's
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According to the Constitution, all members of the Council of Ministers were formally elected to their posts by the People's Chamber for a five-year term. In fact, these decisions probably emanated from the
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members. Of the thirty-three regular members on the council, including both ministers and nonministers, nineteen were concurrently members of the Central Committee of the SED, and two were also
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selection of local assemblies on the community, city, county, and district levels; discharging responsibilities for the maintenance of the country's defense with the assistance of the
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chairmanship by Honecker is the fact that after 1977 the number of individuals who were simultaneously members of the council and of the SED's Central Committee Secretariat increased.
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Specific functional responsibilities of the Council of Ministers included directing and planning the national economy; solving problems growing out of membership in the
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members. The latter were Erich Mielke, minister of state security, and Hans Joachim Böhme, minister of university and technical affairs.
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member since 1953, was again appointed council chairman in 1986. Unlike the nine deputy chairmen, the two first deputy chairmen,
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The other political parties ran under the joint slate of the National Front, controlled by the SED, for elections to the
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In addition to the regular law courts, East Germany also developed an extensive system of community and social courts
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Non-parliamentary mass organizations which nevertheless played a key role in East German society included the
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independent (CDU and LDPD/LDP) and two others were established on the instigation of the SED (NDPD and DBD).
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over cases not assigned elsewhere and civil cases involving only small amounts of property.
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Designated as an organ of the People's Chamber, the Council of State
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on 7 October 1949 and began to institute a government based on the
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This article incorporates text from this source, which is in the
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members. In addition to Honecker, two of the deputy chairmen,
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Andreas Malchya: Der Ausba des neuen Systems 1949 bis 1961
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economic crimes, murder, and crimes against the state.
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It was created in 1946 through the merger of the 592:Electoral Alternative for Labor and Social Justice 1155:List of Volkskammer members (9th election period) 1245: 832:Stoph, a representative of the old guard and a 499: 1239:http://www.paper.olaf-freier.de/blockpt.htm 612:Christlich-Demokratische Union Deutschlands 560:Sozialistische Einheitspartei Deutschlands 506: 492: 1120:Soviet Military Administration in Germany 1100:History of the German Democratic Republic 654:Nationaldemokratische Partei Deutschlands 640:Liberal-Demokratische Partei Deutschlands 69:Learn how and when to remove this message 719:German Gymnastics and Sports Association 708:Democratic Women's Federation of Germany 32:This article includes a list of general 16:Overview of the politics of East Germany 1224:Library of Congress Country Study, 1987 812: 686:also included representatives from the 626:Demokratische Bauernpartei Deutschlands 1246: 890:Council for Mutual Economic Assistance 1212:Bundeszentrale für politische Bildung 660:, NDPD), merged with the West German 646:, LDPD), merged with the West German 616:Christian Democratic Union of Germany 739:Society for German-Soviet Friendship 676:Council of Ministers of East Germany 658:National Democratic Party of Germany 632:, DBD), merged with the West German 630:Democratic Farmers' Party of Germany 618:, CDU), merged with the West German 568:National Front of Democratic Germany 18: 1024:, last socialist head of government 957:Politicians of note in East Germany 897:(Freier Deutscher Gewerkschaftsbund 644:Liberal Democratic Party of Germany 13: 961:Leaders and their key positions - 951:(Konflikt-und Schiedskommissionen) 894:Free German Trade Union Federation 744: 704:Free German Trade Union Federation 576:Social Democratic Party of Germany 38:it lacks sufficient corresponding 14: 1265: 1232: 580:Soviet Occupation Zone of Germany 1166: 860:, a candidate member, were also 749: 564:Socialist Unity Party of Germany 534:), commonly known in English as 93: 23: 528:Deutsche Demokratische Republik 1217: 1201: 1: 1194: 1115:National Front (East Germany) 913:Supreme Court of East Germany 723:Deutscher Turn- und Sportbund 588:Party of Democratic Socialism 1214:, last retrieved 2019-05-01. 1125:Constitution of East Germany 947:(gesellschaftliche Gerichte) 906: 7: 1145:People's Control Commission 1093: 10: 1270: 1160: 1130:German Economic Commission 984:(General Secretary of the 976:German Economic Commission 910: 816: 764:was largely a creation of 753: 586:, the SED was renamed the 572:Communist Party of Germany 520:German Democratic Republic 352:Christian Democratic Union 1184:Federal Research Division 823:The Council of Ministers 367:National Democratic Party 357:Democratic Farmers' Party 1254:Politics of East Germany 1135:German People's Congress 807:National Defense Council 558:in East Germany was the 554:. The equivalent of the 381:Administrative divisions 362:Liberal Democratic Party 238:Constitutional Assembly 86:Politics of East Germany 1140:German People's Council 1110:Leaders of East Germany 965:Leaders of East Germany 53:more precise citations. 790:, were members of the 986:Socialist Unity Party 901:democratic centralism 825:(Ministerrat der DDR) 696:Freie Deutsche Jugend 143:Socialist Unity Party 813:Council of Ministers 584:German reunification 178:Council of Ministers 1189:Library of Congress 762:(Staatsrat der DDR) 731:People's Solidarity 664:after reunification 650:after reunification 636:after reunification 622:after reunification 594:to form the modern 538:) was created as a 1088:Johannes R. Becher 1028:Lothar de Maizière 842:Werner Krolikowski 710:with seats in the 688:mass organisations 540:socialist republic 248:General elections 183:Head of Government 1034:Günter Schabowski 692:Free German Youth 516: 515: 344:Political parties 210:Chamber of States 148:General Secretary 79: 78: 71: 1261: 1226: 1221: 1215: 1205: 1187: 1170: 1169: 1150:People's Chamber 974:Chairman of the 784:Horst Sindermann 735:Volkssolidarität 508: 501: 494: 390: 167: 159: 97: 81: 80: 74: 67: 63: 60: 54: 49:this article by 40:inline citations 27: 26: 19: 1269: 1268: 1264: 1263: 1262: 1260: 1259: 1258: 1244: 1243: 1235: 1230: 1229: 1222: 1218: 1206: 1202: 1197: 1179:Country Studies 1176: 1167: 1163: 1105:Communist state 1096: 1063:Robert Havemann 992:Walter Ulbricht 959: 915: 909: 858:Gerhard Schürer 854:Günther Kleiber 821: 815: 775:Leonid Brezhnev 766:Walter Ulbricht 758: 752: 747: 745:State Apparatus 556:Communist Party 512: 483: 479:Other countries 470: 469: 465: 444: 425:Karl-Marx-Stadt 388: 383: 373: 372: 371: 346: 336: 335: 330: 304: 234: 233: 217: 216: 200: 190: 189: 165: 157: 138: 128: 127: 126: 111: 88: 75: 64: 58: 55: 45:Please help to 44: 28: 24: 17: 12: 11: 5: 1267: 1257: 1256: 1242: 1241: 1234: 1233:External links 1231: 1228: 1227: 1216: 1199: 1198: 1196: 1193: 1192: 1191: 1162: 1159: 1158: 1157: 1152: 1147: 1142: 1137: 1132: 1127: 1122: 1117: 1112: 1107: 1102: 1095: 1092: 1091: 1090: 1085: 1083:Hilde Benjamin 1080: 1075: 1070: 1065: 1060: 1055: 1050: 1041: 1040: 1031: 1025: 1019: 1013: 1007: 1004:Otto Grotewohl 1001: 995: 989: 982:Erich Honecker 979: 958: 955: 911:Main article: 908: 905: 846:Alfred Neumann 817:Main article: 814: 811: 771:Erich Honecker 754:Main article: 751: 748: 746: 743: 666: 665: 651: 637: 623: 574:(KPD) and the 514: 513: 511: 510: 503: 496: 488: 485: 484: 482: 481: 475: 472: 471: 464: 463: 458: 453: 448: 442: 440:Neubrandenburg 437: 432: 427: 422: 417: 412: 407: 402: 397: 391: 384: 379: 378: 375: 374: 370: 369: 364: 359: 354: 348: 347: 342: 341: 338: 337: 334: 333: 332: 331: 329: 328: 323: 318: 312: 307: 306: 305: 303: 302: 297: 292: 287: 282: 277: 272: 267: 262: 257: 251: 246: 245: 244: 235: 232: 231: 228: 224: 223: 222: 219: 218: 215: 214: 213: 212: 201: 196: 195: 192: 191: 188: 187: 186: 185: 175: 174: 173: 160: 152: 151: 150: 139: 134: 133: 130: 129: 125: 124: 119: 113: 112: 107: 106: 103: 102: 99: 98: 90: 89: 84: 77: 76: 31: 29: 22: 15: 9: 6: 4: 3: 2: 1266: 1255: 1252: 1251: 1249: 1240: 1237: 1236: 1225: 1220: 1213: 1209: 1204: 1200: 1190: 1185: 1181: 1180: 1174: 1173:public domain 1165: 1164: 1156: 1153: 1151: 1148: 1146: 1143: 1141: 1138: 1136: 1133: 1131: 1128: 1126: 1123: 1121: 1118: 1116: 1113: 1111: 1108: 1106: 1103: 1101: 1098: 1097: 1089: 1086: 1084: 1081: 1079: 1076: 1074: 1071: 1069: 1066: 1064: 1061: 1059: 1058:Günter Mittag 1056: 1054: 1051: 1049: 1046: 1045: 1044: 1039: 1035: 1032: 1029: 1026: 1023: 1020: 1017: 1014: 1011: 1008: 1005: 1002: 999: 998:Wilhelm Pieck 996: 993: 990: 987: 983: 980: 977: 973: 970: 969: 968: 967: 966: 954: 952: 948: 943: 939: 935: 931: 927: 923: 919: 914: 904: 902: 898: 895: 891: 886: 882: 880: 875: 869: 867: 863: 859: 855: 849: 847: 843: 839: 835: 829: 826: 820: 810: 808: 802: 800: 795: 794: 789: 785: 779: 776: 772: 767: 763: 757: 750:State Council 742: 740: 736: 732: 728: 724: 720: 715: 713: 709: 705: 701: 697: 693: 689: 685: 680: 677: 672: 663: 659: 655: 652: 649: 645: 641: 638: 635: 631: 627: 624: 621: 617: 613: 610: 609: 608: 606: 605: 599: 597: 593: 589: 585: 581: 578:(SPD) in the 577: 573: 569: 565: 561: 557: 553: 549: 545: 541: 537: 533: 529: 525: 521: 509: 504: 502: 497: 495: 490: 489: 487: 486: 480: 477: 476: 474: 473: 468: 462: 459: 457: 454: 452: 449: 447: 443: 441: 438: 436: 433: 431: 428: 426: 423: 421: 418: 416: 413: 411: 408: 406: 403: 401: 398: 396: 393: 392: 389:(independent) 387: 382: 377: 376: 368: 365: 363: 360: 358: 355: 353: 350: 349: 345: 340: 339: 327: 324: 322: 319: 317: 314: 313: 311: 310: 308: 301: 298: 296: 293: 291: 288: 286: 283: 281: 278: 276: 273: 271: 268: 266: 263: 261: 258: 256: 253: 252: 250: 249: 247: 243: 240: 239: 237: 236: 229: 226: 225: 221: 220: 211: 208: 207: 206: 203: 202: 199: 194: 193: 184: 181: 180: 179: 176: 172: 171:Head of State 169: 168: 164: 163:State Council 161: 156: 153: 149: 146: 145: 144: 141: 140: 137: 132: 131: 123: 120: 118: 115: 114: 110: 105: 104: 101: 100: 96: 92: 91: 87: 83: 82: 73: 70: 62: 52: 48: 42: 41: 35: 30: 21: 20: 1219: 1211: 1203: 1178: 1078:Hermann Axen 1053:Wilhelm Külz 1048:Erich Mielke 1042: 972:Heinrich Rau 962: 960: 950: 946: 944: 940: 936: 932: 928: 924: 920: 916: 896: 887: 883: 878: 873: 870: 865: 861: 850: 837: 833: 830: 824: 822: 803: 791: 780: 761: 759: 734: 726: 722: 716: 711: 699: 695: 687: 683: 681: 671:leading role 667: 653: 639: 625: 611: 602: 600: 582:. 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Index

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Politics of East Germany

Constitution
1949
1968
Leadership
Socialist Unity Party
General Secretary
President
State Council
Head of State
Council of Ministers
Head of Government
Legislature
President
Chamber of States
1949
1950
1954
1958
1963
1967
1971
1976
1981

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