Hans Herbert von Arnim
(Die Verfallbarkeit betrieblicher Ruhegeldanwartschaften) (ISBN 3-8005-6167-0)
This book is the doctoral dissertation of the
author. It shows that
the then common unfettered practice of forfeiture of corporate pension
entitlements, when an employee leaves his employment before reaching the
legal retirement age, is against the law. The question affected 60% of
the Federal Republic of Germany's labour force. In 1972 the Federal Industrial
Tribunal, and then in 1975 the legislature, accepted the new interpretation.
The Remuneration of Parliamentary Representatives and the Basic Law.
A constitutional opinion on the financial privileges of Federal and State
representatives. Volume 32 of the publications of the Karl-Bräuer-Institute
of the German Taxpayers Federation, Wiesbaden 1975
This opinion expressed the view that the then existing privileges claimed
by parliamentarians as to taxation exemptions, payments to them by lobbyists,
and civil servant status benefits were unconstitutional. The German Taxpayers
Federation presented the manuscript, prior to its publication, to the Federal
Constitutional Court which adopted this view in its decision of November
5, 1975 (BVerfGE 40, 296).
The Common Good and Group Interests. Published by
Party Financing. A Constitutional Study. Volume 52 of the Publications
by the Karl-Bräuer-Institute of the German Taxpayers Federation, Wiesbaden
This booklet (and a number of essays and articles in professional periodicals
and newspapers) analyses problems of financing of political parties, including
party foundations and parliamentary parties. The judgement handed down
by the Federal Constitutional Court, dated April 9, 1992 (BVerfGE 85, 264),
accepted many of the criticisms raised in this publication.
State Theory of the Federal Republic of Germany. Published by
Vahlen, Munich 1984
This book describes the historical development of a modern state such
as the Federal Republic of Germany and provides the basis for the theoretical
analysis of it.
Power Makes One Inventive. Published in paperback by Fromm,
This paperback is based on the author's earlier manuscript which made
public the "Hesse Attendance Allowance Case" (where parliamentary representatives
granted themselves financial privileges.) It induced the State Parliament
to withdraw the self-serving excessive regulations. The president and vice-president
Possibilities of Direct Democracy at the Local Level. Published
in Jörn Ipsen (ed.), Continuity or Reform. An Analysis of Local Authority
Constitutions, 1990, pages 57-86: Also published in Die Öffentliche
Verwaltung 1990, pages 85-97.
This article is supplemented by several of the author's later
It underlines the special qualities of the Constitution of Local Authorities
in the State of Baden-Württemberg. These have three structural
the direct election of mayors, flexible election lists for the Local Councils
with cumulative votes for candidates, and the possibility of citizen initiatives
and decisions. The article recommends the adoption of this model by other States. This publication directly influenced the contemporaneous reform
of the Constitution of Local Authorities in the State of Schleswig-Holstein.
In the meantime, most of the model's characteristics, especially the direct
election of mayors, have been introduced, in some cases with modifications,
in all other States.
The State as Spoils. Published in paperback by Knaur, Munich
This paperback shows how the "political
class" granted itself financial
privileges and immunities and how parliaments, for example, in Hesse, Hamburg
and the Saarland, had to rescind several laws in response to developing
public criticism as the results of the author's research became known.
The book was for some time on the paperback bestseller list.
State without Servants. Published by Kindler, Munich 1993, and
in paperback by Knaur, Munich 1995
This book describes the problems of a modern democracy such as the Federal
Republic of Germany. For some time it was on the bestseller list. The later
paperback edition includes an epilogue which deals whith subsequent developments
and the critics of the book.
Democracy without People. Published in paperback by Knaur, Munich
This paperback is a collection of the author's eighteen topically related
articles and papers, which were originally published individually in newspapers
and professional journals, some of which are not readily accessible.
The Party, the Representative and Money. Published in paperback
by Knaur, Munich 1996
This paperback is a standard work on political
financing. It was first
published in 1991 and completely revised in 1996. It analyses the entire
financing of political parties, party foundations, parliamentary parties
and representatives. This financing, especially in Germany, has run out
of control. Recommendations are made for substantive and procedural reforms.
"We are the State!" Published in paperback by Knaur, Munich 1995
The New Federal Representatives' Law. Content, Procedure, Criticism
and Public Deception. Research report Nr. 169, Speyer 1997
The paperback revealed to the public the true content of the camouflaged proposed amendment to the remuneration article of the Federal Constitution and resulted in a nationwide discussion in late 1995. It caused 86 professors of constitutional law to appeal to the Federal Council (Bundesrat) of the Federal Parliament, which ultimately rejected the amendment.
The research report traces the legal procedure and outlines the content
of the bill.
The Glutton as Caterer. The political class - self-serving and remote from the people. Published by Kindler, Munich 1997, and as paperback edition by Knaur, Munich 1999 (Fetter Bauch regiert nicht gern. Die politische Klasse - selbstbezogen und abgehoben) (ISBN 3-426-77385-6)
This book develops a theory of the Party-State and shows that the self-interests
of the "political class" in relation to power, position, and money have
paralysed their capacity to govern; fundamental changes in the political
institutions are required. This could be achieved by public and individual
initiatives. The book was on the bestseller list from January to October
1998. The later paperback edition includes a foreword which deals with
subsequent developments and critics of the book.
Servants of Many Masters. The double and triple benefits of politicians.
Published by Knaur, Munich 1998
This paperback points out the excessive remuneration of
especially the multiple payments and superannuation systems. The book has
since its publication led to certain reforms in Bavaria and North-Rhine
Westphalia. In addition, the prime ministers of both states have appointed
a commission (including the author) which will give its opinion in 2000.
Principles of Economic Policy. Published by Luchterhand, Frankfurt/Main,
6th edition, 1998
This book examines the economic problems of the Federal Republic of
Germany from the combined perspectives of economics, law, and politics.
The Glitter of Democracy: Politics without Accountability - Ignoring the People, Droemer Publishing House, Munich 2000 (ISBN 3-426-27204-0)
This book deals with the disintegration of accountability in German
federalism and the possibilities for direct decision-making at local state,
federal, and EU levels. It provides an extension and elaboration of the
arguments made in the book, The Glutton as Caterer (Fetter Bauch regiert
nicht gern). The German system of executive federalism, which dates back
to Bismarck, is unique; it results in the disempowerment of both parliament
and people and leads to political paralysis. There is no continuous public
outcry and protest solely because the complicated procedures are so abstruse.
The author proposes that the solution can be found in mobilizing
public awareness and establishing requisite institutions. This implies
the reform of the electoral laws and the development of initiative and
Speyer, June 2000