Germany: History and Government Overview

Germany

• Germany was controlled by the Nazi dictatorship in the 1930s, leading to expansionism and eventually defeat in World War II.
• Germany was partitioned after WWII, with the western part (occupied by the US, Britain, and France) becoming West Germany (capital: Bonn).
• The eastern part (occupied by the Soviet Union) became East Germany (capital: East Berlin).
• West Germany became a major European industrial power and joined the EEC.
• East Germany remained under Soviet control until the fall of communism in Eastern Europe, when East and West Germany reunited on October 3, 1990.

German Government

• The Federal Republic of Germany is a federal parliamentary republic.
• The Chancellor is the head of government, while the President of Germany has a ceremonial role with substantial reserve powers.
• Executive power is vested in the Federal Cabinet.
• 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 Legislative

• Legislative power is divided between the Bundestag (directly elected by German citizens) and the Bundesrat (representing the regional states).
• The Bundestag has more power, requiring only consent from the Bundesrat for some legislation related to shared revenue and responsibilities.
• The Bundestag was founded in 1949, with a four-year term and a system of proportional representation.

Elections (Article 38)

• German Bundestag members are elected by general, direct, free, equal, and secret elections.
• Representatives are not bound by instructions and accountable only to their conscience.
• Any citizen 18 or older can vote; those of legal majority can stand for election.
• Specific details are governed by federal law.

Executive Branch

• The head of state is the President of Germany, whose role is mainly ceremonial, with actions representing the legitimacy and unity of the state.
• The head of government is the Federal Chancellor, elected by the Bundestag.
• The Chancellor cannot be removed during their four-year term unless the Bundestag agrees on a successor through a constructive vote of no confidence.

Constructive Vote of No Confidence

• A constructive vote removes a head of government only if there is a majority for a replacement.
• A destructive vote of no confidence is without nomination of new candidate.

Judicial Branch

• The German judiciary is independent with strong courts and judicial review covering almost all state actions.
• The Basic Law provides for a Constitutional Court responsible for any violations of constitutional rights by the state, after exhausting other appeal channels.
• The Court also handles disputes between state institutions and can outlaw political parties if their objectives contradict the constitution.

Judicial System (Civil Law)

• The judicial system includes three types of courts.
• Ordinary courts handle criminal and most civil cases (highest is the Federal Court of Justice).
• Specialized courts deal with areas like administrative, labor, social, fiscal, and patent law.
• Constitutional courts handle judicial review of constitutional interpretation (highest is the Federal Constitutional Court).

Germany Constitution

• Article 1 emphasizes human dignity, legally binding basic rights, with the duty of all state authority to respect and protect human dignity.
• Article 9 covers freedom of association, forbidding associations with aims or activities contradicting criminal laws or the concept of international understanding.

Basic Institutional Principles (Article 20)

• The Federal Republic of Germany is a democratic, social, and federal state.
• The power of the state comes from the people, exercised through elections, and legislative, executive, and judicial bodies.
• The legislature must adhere to the constitution, while the executive and judiciary function under law and justice.
• Citizens have the right to resist any person seeking to abolish the constitution if other remedies are unavailable.

Foreign Relations

• Germany is part of NATO, OECD, G8, G20, the World Bank, IMF, and the European Union.
• It is a significant contributor to the European Union and United Nations budgets (27% and 8% respectively).