German Government Structure Quiz

Germany

• Germany was taken over by the Nazi dictatorship in the 1930s
• This period, along with the subsequent expansionism policy, led to Germany's defeat in World War II
• After the war, Germany was partitioned/ divided by the victorious Allied forces.
• The western part was occupied by the US, Britain, and France, becoming West Germany (capital: Bonn).
• The eastern part was occupied by the Soviet Union, becoming East Germany (capital: East Berlin).
• West Germany became a major European industrial power and joined the EEC
• East Germany remained under Soviet domination until the collapse of communism in Eastern Europe.
• East and West Germany reunited on October 3, 1990.

The Federal Republic of Germany

• A federal parliamentary republic based on representative democracy
• The Chancellor is the head of government, and the President of Germany is the ceremonial head of state.
• The President has a ceremonial role but substantial reserved powers
• Executive power is vested in the Federal Cabinet
• Federal legislative power is vested in the Bundestag and the Bundesrat
• Major political parties include the Christian Democratic Union (CDU), Christian Social Union (CSU), Social Democratic Party (SDP), Free Democratic Party (FDP), and the Left Alliance (Greens)

Federal Legislature

• Power is divided between the Bundestag and the Bundesrat.
• The Bundestag is directly elected by the German people.
• The Bundesrat represents the regional states
• The Bundestag is more powerful, and needs only the Bundesrat's consent for certain legislation.

Bundestag

• Established in 1949
• More powerful than the Bundesrat
• Directly elected by the German people (4-year terms)
• Uses personalized proportional representation

Elections (Article 38)

• Bundestag members are elected through general, direct, free, equal, and secret elections.
• Representatives are not bound by orders/instructions and only answerable to their conscience.
• Citizens 18 and older can vote, and those of age to be elected can run
• Regulations are determined by federal law.

The Executive Branch

• Head of State: President of Germany
• The President's role is ceremonial
• Actions/public appearances represent the state; all laws/decrees must be signed by them before taking effect.
• Presidents can veto laws against the constitution
• Head of Government: Federal Chancellor
• Elected by the Bundestag
• Cannot be removed from office until a successor is agreed upon via constructive vote of no confidence.

Constructive Vote of No Confidence

• A parliament can remove a head of government only if a positive majority for a successor is present.
• To remove a Chancellor, a successor must be nominated and approved.

Judicial Branch

• Totally independent
• Organization of courts is traditionally strong
• Subject to judicial review (almost all state actions)
• Powerful Constitutional Court allows citizens to challenge actions by the state that violate their constitutional rights.
• Handles disputes between state institutions and can outlaw political parties whose goals violate the principles of the Constitution

Ordinary Courts

• Deal with criminal & most civil cases
• Highest Ordinary Court is the Federal Court of Justice of Germany

Specialized Courts

• Consider cases on administrative, labour, social, fiscal, and patent law

Constitutional Courts

• Focus on judicial review and constitutional interpretation
• Highest Constitutional Court is the Federal Constitutional Court.

Germany Constitution

• Article 1: Human dignity
• Human rights are inviolable
• States are obliged to protect human dignity
• Article 9: Freedom of association
• All Germans have the right to form/join corporations/associations
• Associations cannot violate the law/Constitution (must not work against international understanding)
• Article 20: Basic institutional principles
• Germany is a democratic and social federation state
• Governmental powers come from the people
• Legislature follows the Constitution and all government actions must obey the laws and principles
• Citizens have the right to resist actions seeking to abolish the constitution (if no other remedy is available)

Foreign Relations

• Member of NATO, OECD, G8, G20, World Bank, IMF, European Union
• Large contributor to the budgets of the European Union (27%) and the United Nations (8%)