The article discusses the origin of article 21 of the German Basic Law. It is argued that a significant role in this context was played by the ‘instructions’ given by the French government. From this starting point a brief inquiry on the democratic legitimacy of the German Basic Law is also carried out.
Keywords: Grundgesetz, Parlamentarischer Rat, art. 21 Legge Fondamentale, democrazia militante, potere costituente, partiti politici.