Index

The Federal President is the head of state of the Federal Republic of Germany. He represents the country in its dealings with other countries and appoints government members, judges and high-ranking civil servants. With his signature, acts become legally binding. He can dismiss the government and, in exceptional cases, dissolve parliament before its term of office is completed. The Basic Law does not accord the Federal President a right of veto such as is held by the President of the United States and other state presidents. Though the Federal President confirms parliamentary decisions and government proposals with regard to ministers, he only checks whether they have come about by the due procedure in accordance with the Basic Law.
 
The Federal President remains in office for a period of five years; he can be re-elected only once. He is elected by the Federal Convention, which is made up of members of the Bundestag, on the one hand, and by an equal number of members selected by parliaments of the 16 federal states, on the other.

The Basic Law determines that Germany is a constitutional state: All state authorities are subject to judicial control. Section 1 of the Basic Law is of particular relevance. It stipulates that respect for human dignity is the most important aspect of the constitution: “Human dignity shall be inviolable. To respect and protect it shall be the duty of all state authority.” Among other things, the other basic rights guarantee the freedom to act within the law, equality before the law, freedom of the press and media, freedom of association and protection of the family.
 
In determining that it is the people who exercise power through special bodies, the Basic Law lays down representative democracy as the form of rulership. Furthermore, it determines that Germany is a constitutional state: All state authorities are subject to judicial control. Another principle of the constitution is that Germany is a federal state, in other words the ruling authorities are divided up into a number of member states and the central state. In conclusion, the Basic Law defines Germany as a welfare state. The welfare state requires the political system to take precautions such that people are guaranteed a decent standard of material well-being in case of unemployment, disability, illness and in old age. One particular feature of the Basic Law is the so-called “eternal character” of these governing constitutional principles. Subsequent alterations to the Basic Law or a completely new constitution cannot encroach on the basic rights, the democratization of sovereignty, the federal state and the welfare state.
 
 

The Federal Constitutional Court is a characteristic institution of post-war German democracy. The Basic Law accorded it the right to repeal legislation passed as part of the legitimate democratic process should it come to the conclusion that such legislation contravenes the Basic Law. The Constitutional Court acts only when appealed to. Those entitled to lodge a complaint include the federal bodies Federal President, Bundestag, Bundesrat, Federal Government and their constituent parts – elected representatives or parliamentary parties – as well as federal state governments. In “constitution-related” disputes, the Constitutional Court acts to protect the division of powers guaranteed in the Basic Law and the federal state. In order to enable parliamentary minorities to be able to appeal to the Constitutional Court, one third of the elected representatives of the Bundestag is sufficient to submit a complaint against a valid law (“abstract judicial review”).
 
Furthermore, the Basic Law empowers individual citizens to launch a “constitutional complaint” should they feel that the state has infringed their basic rights. Year after year thousands of citizens register a complaint against the constitution. However, the Court reserves the right to select from the mass of petitions submitted only those that can be expected to result in verdicts that point the way ahead in terms of the validity of basic rights. Ultimately every German court is obliged to submit a petition for actual assessment of the normative basis to the Constitutional Court should it consider a law to be un-constitutional. The Federal Constitutional Court holds a monopoly on interpretation of the constitution with regard to all jurisdiction.

The German federal state is a complex entity. It consists of a central Federal Government and 16 federal states. The Basic Law lays out which issues fall within the ambit of the Federal Government and which devolve to the federal states. As such the federal system in Germany is similar to that of other federal countries. Public life in Germany is predominantly based on central laws. In accordance with the principle of subsidiarity citizens, on the other hand, deal almost exclusively with state and local authorities acting on behalf of the federal states. The reason for this is the aim of the Basic Law to combine the advantages of a unified state with those of a federal state. In everyday life the citizens of other federal states have far more frequent dealings with representatives of central government.

The Basic Law stipulates that it be possible to compare living conditions throughout Germany. Essentially these are determined by economic and social policy. With regard to financial policy the German constitution accords the federal states considerable leeway in the financing of their duties. All high-revenue taxes are decreed by law, though this needs the approval of the Bundesrat, which represents the states at federal level. Part of these taxes goes to central government alone or to the federal states and another part, including the particularly lucrative taxes, is divided up between central government and the federal states. To this extent the German federal state resembles a centralized state. Nonetheless it is the federal states that control the major part of pan-state administration. This means that federalist elements dominate the state administrative systems. First, its own administrative system enforces the laws that apply in that particular state. In addition they also execute most central laws. Given the large number of duties passed down from central government to the federal states several of them have, in the past, had to take on enormous debts. In 2009 an amendment was made to the constitution forbidding them to raise further loans as of 2020 and limiting the amount of new debts central government can take on from 2016 – with a proviso for economic crisis situations – to a maximum of 0.35 percent of the gross domestic product (the debt ceiling).

There are three pan-state functions the individual federal states exercise on their own: schooling and tertiary education, internal security, including policing, as well as the organization of local self-government. Thanks to the wide-ranging rights pertaining to guaranteed participation they enjoy in the Bundesrat, the federal states receive a form of compensation for the fact that central government is the primary body determining legislation.