German Political System DON Lecture PDF

seventh Lecture Germany  Germany was taken over in the 1930s by the Nazi dictatorship that and was partitioned. led to a policy of expansionism and eventually to complete defeat in World War II. Germany was occupied for...

seventh Lecture Germany  Germany was taken over in the 1930s by the Nazi dictatorship that and was partitioned. led to a policy of expansionism and eventually to complete defeat in World War II. Germany was occupied for a time by the victorious Allies The western part (9‫ط‬iho ), which was occupied by the US, Britain, and France, became the Federal Republic of Germany or West Germany, with its capital at Bonn. The eastern part, occupied by the former Soviet Union, became the German Democratic Republic or East Germany, with its capital in East Berlin. West Germany emerged as a major European industrial power and was a founder member of the EEC, while the East remained under Soviet domination. After the general collapse of communism in eastern Europe, East and West Germany reunited on October 3, 1990.  The Federal Republic of Germany is a federal parliamentary republic, based on representative democracy. The Chancellor is the head of government, while the President of Germany is the head of state which holds a ceremonial role but substantial reserve powers. Executive power is vested in the Federal Cabinet and federal legislative power is vested in the Bundestag and the Bundesrat. Major Parties Christian Democratic Union (CDU) Christian Social Union (CSU) Social Democratic Party (SDP) Free Democratic Party (FDP) THE LFET Alliance 1990 {the GREENS  Federal legislative power is divided between the Bundestag and the Bundesrat. The Bundestag is directly elected by the German people, while the Bundesrat represents the regional states. The federal legislature has powers of exclusive jurisdiction and concurrent jurisdiction with the states in areas specifically enumerated by the constitution. The Bundestag is more powerful than the Bundesrat and only needs the latter's consent for proposed legislation related to revenue shared by the federal and state governments, and the imposition of responsibilities on the states.  Bundstage Was established in 1949 More powerful than the Bundesrat Directly elected by the German people 4 year term Personalised propotional representation  Article 38 [Elections] (1) Members of the German Bundestag shall be elected in general, direct, free, equal, and secret elections. They shall be representatives of the whole people, not bound by orders or instructions, and responsible only to their conscience. (2) Any person who has attained the age of eighteen shall be entitled to vote; any person who has attained the age of majority may be elected. (3) Details shall be regulated by a federal law.  Executive Head of state: president of Germany His role is more ceremonial by his actions and public appearances, represents the state itself, its existence, its legitimacy, and unity all federal laws must be signed by the President before they can come into effect can only veto a law that he believes to violate the constitution  Head of government: federal chancellor Elected by the Bundestag cannot be removed from office during a four-year term unless the Bundestag has agreed on a successor Constructive vote of no confidence  Constructive vote of no confidence Allows a parliament to withdraw confidence from a head of government only if there is a positive majority for a prospective successor Constructive vote of no confidence: nomination of new candidate Destructive vote of no confidence: no nomination of new candidate  Judicial Branch The Judiciary in Germany is totally independent. The organization of courts is traditionally strong, and almost all state actions are subject to judicial review. Germany has a powerful Constitutional Court. This is somewhat unique because the Basic Law stipulates that every person may file a complaint to that court when his or her constitutional rights, especially human rights, have been violated by the state and when he or she has exhausted all stages of appeal in the regular court system. The Constitutional Court also handles several other procedures such as disputes between state institutions over their constitutional powers. It has also the power to outlaw political parties when their goals contravene the principles of the constitution.  judicial system comprises three types of courts and is a civil law: 1. Ordinary courts: dealing with criminal and most civil cases; Federal Court of Justice of Germany is the highest Ordinary Court 2. Specialized courts hear cases related to administrative, labour, social, fiscal and patent law 3. Constitutional courts focus on judicial review and constitutional interpretation; The Fedral Constitutional Court is the highest court  Germany Constitution Article 1. Human dignity - Human rights - Legally binding force of basic rights] (Part of it) 1. Human dignity shall be inviolable. To respect and protect it shall be the duty of all state authority. Article 9. Freedom of association] 1. All Germans shall have the right to form corporations and other associations. 2. Associations whose aims or activities contravene the criminal laws, or that are directed against the constitutional order or the concept of international understanding, shall be prohibited.  Article 20 Basic institutional principles; defense of the constitutional order] (1) The Federal Republic of Germany is a democratic and social federal state. (2) All state authority is derived from the people. It shall be exercised by the people through elections and other votes and through specific legislative, executive, and judicial bodies. (3) The legislature shall be bound by the constitutional order, the executive and the judiciary by law and justice. (4) All Germans shall have the right to resist any person seeking to abolish this constitutional order, if no other remedy is available.  Foreign relations Member of: NATO defence alliance, OECD, G8, G20, The World Bank, IMF, European Union Largest contributor to the budget of the European Union (27%) Third largest contributor to the budget of the United Nations (8%)