II. The Federation and the Länder
Article 20
(1) The Federal Republic of Germany is a democratic and social federal state.
(2) All state authority emanates from the people. It is exercised by the people by means of elections and plebiscites and by separate legislative, executive, and judicial agencies.
(3) Legislation is subject to the constitutional order; the executive and the judiciary are bound by law.
Article 21
(1) The political parties participate in the forming of the political will of the people. They can be freely formed. Their internal organisation must conform to democratic principles. They must publicly account for the sources of their funds.
(2) Parties which, by reason of their aims or the behavior of their members, seek to impair or destroy the free democratic basic order or to endanger the existence of the Federal Republic of Germany are unconstitutional. The Federal Constitutional Court decides on the question of unconstitutionality.
(3) Details will be regulated by federal legislation.
Article 22
The federal flag is black-red-gold.
Article 23
For the time being, this Basic Law applies in the territory of the Länder Baden, Bavaria, Bremen, Greater Berlin, Hamburg, Hesse, Lower-Saxony, North Rhine-Westphalia, Rhineland-Palatinate, Schleswig-Holstein, Württemberg-Baden and Württemberg-Hohenzollern. In other parts of Germany it is to be put into force on their accession.
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