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Every four years, the parties stand in the general elections to the Bundestag. Traditionally, the turn-out is high in Germany, and following a high in the 1970s, when the turn-out was over 90 percent, since reunification it has been around 80 percent. 76.6 per cent of eligible voters took part in the election to the 20th German Bundestag in 2021.
The Federal Chancellor is the only member of the Federal Government to be elected. The constitution empowers him to personally choose his ministers, who head the most important political authorities. Moreover it is the Chancellor who determines the number of ministries and their responsibilities. It is he who lays down the guidelines of government policy. These outline the Chancellor’s right to stipulate binding government activities. This authority gives the Federal Chancellor a whole array of instruments of leadership that easily stands up to a comparison with the power of the President in a presidential democracy.
The Parliamentary Council, which in 1949 resolved the Basic Law, took as its role model for the Federal Chancellor the position of the Prime Minister in Great Britain. The Prime Minister possesses exactly the same means of power as that of Chancellor, though the latter’s power is actually far less than that of the British premier. In the British parliamentary system only one party is ever in power, because the first-past-the-post system there favors the strongest party. As a rule, in the Bundestag no one party has a clear majority. For this reason a coalition is normally necessary to be able to elect a Chancellor.
The election of the Chancellor is preceded by extensive negotiations between those parties that plan to govern together. These address specific topics such as how the ministries are to be divided up between the parties, which ministries are to be maintained and which newly created. The strongest party in the alliance is accorded the right to propose the Federal Chancellor. In addition the parties agree on the policies they intend to tackle in the next few years. The results of these coalition negotiations are enshrined in the coalition treaty. Only when these steps have been completed is the Chancellor elected. Negotiations between the government parties prepare the decisions taken by the Federal Government and accompany them afterwards. Should there no longer be political consensus between the parties before general elections for a new Bundestag are due, removing the Chancellor from office becomes an alternative. Should a constructive vote of no confidence result in the current Chancellor indeed being removed from office, a new Chancellor must be elected at the same time. This repeal of parliamentary confidence forces the parties represented in the Bundestag to form a new, functioning government majority before they bring down the Chancellor. There have only been two previous attempts to bring down the Chancellor, only one of which succeeded, namely in 1982 when a vote of no confidence was passed against the Chancellor Helmut Schmidt (SPD), who was replaced by Helmut Kohl (CDU).
However, at any time the Federal Chancellor himself can also propose a vote of no confidence in the Bundestag to test whether he still enjoys the unlimited support of the governing parties. Should the Chancellor lose the vote this indicates that parts of the government majority are drifting away from the Chancellor, leaving the Federal President to decide whether the Bundestag should be dissolved and a general election held. The Federal President can also request the parties represented in the Bundestag to try and form a new government.
In the history of the Federal Republic there has never been a genuine defeat in a vote of no confidence. There have on three occasions been previously arranged defeats: The elected representatives of the government parties or the ministers abstained in order to bring down the government in 1972, 1982, and 2005. This course of action was taken in order to prematurely dissolve the Bundestag, which according to the constitution is otherwise not possible. It can only be taken with the approval of the Federal President and is legally not uncontroversial.
The Federal Government and cabinet is made up of the Federal Chancellor and the Federal Ministers. While the Chancellor holds the power to issue directives, the ministers have departmental powers, meaning that they independently run their respective ministries in the framework of those directives. Moreover, the cabinet abides by the collegial principle, in disputes the Federal Government decides by majority. The affairs of state are managed by the Chancellor.
The respect and strengthening of human rights worldwide are a cornerstone of German Federal Government policy. Together with its EU partners it is committed to protecting and continually advancing human rights standards throughout the world. This occurs in close collaboration with the institutions of the United Nations, in particular the Office of the High Commissioner for Human Rights in Geneva. German human rights policy adheres to a concrete commitment: Protecting people from the violation of their rights and basic freedoms and creating viable conditions for suppression, arbitrariness, and exploitation no longer have a chance. A claim that is derived from the Basic Law: Article 1 names human rights as the basis of every community, of peace and of justice in the world.
As early as the 19th century Germany attracted a large number of immigrants and since the 1950s has emerged as the European country with the largest immigrant population. In 1950, there were about 500,000 foreigners in Germany, accounting for a mere one percent or so of the population. This has changed emphatically: Today, some 11.6 million foreigners live in Germany, or 13 percent of the population.
The Bundestag is made up of the elected representatives of the German people. In principle elections to the Bundestag are proportionally representative, with each party’s share of the vote in the election reflecting the number of seats it occupies in the parliament. But the electoral system also contains elements of majority voting: citizens cast a first vote for a candidate in a constituency and a second vote for a party’s state list. The Bundestag normally has 598 members by law, but this number has recently been significantly higher due to a system of so-called “overhang mandates” and “balancing mandates”. The plan is to amend the law to change this system, thereby ensuring that the number of parliamentarians is limited in future. One requirement for entry into parliament is the so-called five per cent hurdle: parties only sit in parliament if they win at least five per cent of the national vote.
The Bundestag is the German parliament. Its elected representatives are organized in parliamentary parties and select a President from among them. It is the function of the Bundestag to elect the Federal Chancellor and keep him in office through support for his policies. The members of parliament can relieve the Chancellor of his duties by denying him their confidence, as do other parliaments. Nor does it make any great difference that in Germany the Chancellor is elected, whereas in Great Britain and other parliamentary democracies he is appointed by the head of state. In other parliamentary democracies, a party leader who can rely on a parliamentary majority is always appointed head of government.
The second major function of the elected representatives in the Bundestag is to pass legislation. Here, again, the Bundestag is similar to parliaments in other parliamentary democracies in that it for the most part enacts bills proposed by the Federal Government. The Bundestag however, which resides in the Reichstag building in Berlin, is less like the debating parliament typified by British parliamentary culture and corresponds far more closely to the US type of so-called working parliament. The Bundestag’s expert parliamentary committees discuss the bills introduced to Parliament in detail.
The Bundestag’s expert Parliamentary Committees discuss the bills introduced to Parliament in great detail. Here, the activities of the Bundestag resemble to some extent Congress in the USA, the prototype of a working parliament. The third major function of the Bundestag is to keep a check on the government’s work. It is the opposition that fulfills the function of monitoring the work of government in a manner visible to the general public. A less evident, but no less effective form of control is carried out by the members of parliament of the governing parties, who behind closed doors ask the government representatives critical questions.