Index
Once a year, during the Berlinale film festival, the world of the silver screen focuses its attention on Berlin. And the city’s inhabitants are used to global interest. After all, the people of Berlin have lived in a capital city since 1458. However, there is also a shady side to the city’s history: the rule of the National Socialists and the East German regime, which built a wall right through the heart of the city. Since German unification in 1990, Berlin has once again been the undivided capital city. The Museum Island, the Berlin Philharmonic and more than 50 theaters ensure the city is unique in terms of cultural life. The “academic capital” boasts 39 universities and institutes of higher education, while also being home to businesses such as Bayer HealthCare Pharmaceuticals, while ITB, the worlds leading travel trade show, accentuates the slogan “Berlin is worth seeing”.
Capital: Berlin
Population: 3,866,385
Surface area: 892 km2
The Hanseatic city of Bremen arose through classic maritime trading, in particular with coffee. In the smallest of the federal states (divided into the city of Bremen, and Bremerhaven, some 60 kilometers to the north) the port accounts for every fifth job. The largest private employer, however, is Daimler; and the ports turn around 2.3 million vehicles annually. The state’s cultural life is also influenced by commerce: The Überseemuseum (Overseas Museum) and the Deutsches Schiffahrtsmuseum (Maritime Museum) attract visitors from all over the country. The merchants’ wealth led to the birth of a truly beautiful architectural ensemble: the town hall market square with its Baroque and Renaissance buildings, a tribute to the city’s rich history, which began when it was awarded market rights back in 888.
Capital: Bremen
Population: 569,396
Surface area: 419 km2
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.
In the city and state of Hamburg it is the port that is the power-house of the economy, though with Airbus, Otto Versand and Beiersdorf also located here, this is not immediately apparent. The tanker terminals, mean that almost all the major oil-refining companies are represented in the port. For pleasure-seekers, there is the entertainment district of St. Pauli. Yet Hamburg’s reputation as a media and science center is of greater importance to its inhabitants. The need for culture is satisfied by renowned institutes such as the Kunsthalle and more than 30 theaters – including the state opera company with world ballet star John Neumeier. On a national basis Hamburg leads the way when it comes to musicals, which every month bring thousands of visitors thronging to the city.
Capital: Hamburg
Population: 1,892,122
Surface area: 755 km2
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 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.
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.