Index

According to the Basic Law it is the task of the political parties to participate in political will formation by the people. As such, putting forward candidates for political office and the organization of election campaigns both have the status of constitutional tasks. For this reason the parties are reimbursed the costs they incur in their respective election campaign. The reimbursement of election campaign costs, a feature Germany was the first country to introduce, is now commonplace in most democracies. According to the Basic Law, a political party’s internal organization must conform to democratic principles (member democracy). And all parties are expected to acknowledge the values and structure of the democratic state.

Parties whose commitment to democracy is in doubt can, at the request of the Federal Government, be banned from participation in the country’s political life. However, such a ban is not automatically forthcoming in any sense. Should the Federal Government consider a ban to be appropriate because such parties pose a threat to the democratic system, it can only petition for such a ban. Any such ban may only be enacted by the Federal Constitutional Court after duly considering the individual case. The idea is to prevent the ruling parties simply banning those parties who might prove awkward in the fight for votes. In the history of the Federal Republic there have been few banning processes, and even fewer parties have actually been banned. Though the Basic Law accords political parties some privileges, these are, basically, means for society to express itself. They take full responsibility for failing at elections, a loss of members, or strife in conjunction with personnel and factual issues.

The 20th German Bundestag is made up of 736 representatives of 7 parties: SPD, CDU, CSU, Alliance 90/The Greens, FDP, AfD and The Left. Since the first Bundestag elections in 1949, the CDU have formed a joint party with their sister party the CSU, which only stands for election in Bavaria.

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.