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Political System of Germany

Germany operates as a federal parliamentary republic, with power divided between the national government and 16 federal states, led by a Chancellor and a ceremonial Federal President. The Bundestag serves as the primary legislative body, while the Bundesrat represents the states and plays a crucial role in law-making and governance. The Chancellor, elected by the Bundestag, holds significant executive power, directing government policy and managing foreign relations.

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0% found this document useful (0 votes)
71 views8 pages

Political System of Germany

Germany operates as a federal parliamentary republic, with power divided between the national government and 16 federal states, led by a Chancellor and a ceremonial Federal President. The Bundestag serves as the primary legislative body, while the Bundesrat represents the states and plays a crucial role in law-making and governance. The Chancellor, elected by the Bundestag, holds significant executive power, directing government policy and managing foreign relations.

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Advocate Aqeel
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Political system of Germany

Germany runs on a federal parliamentary republic system. That means power is split between
the national government and 16 federal states (called Länder), each with its own constitution and
responsibilities. At the top, you've got a Chancellor (currently the head of government) who’s
like the real boss, running day-to-day politics. Then there’s the Federal President, more of a
ceremonial figure with limited powers.

The Bundestag (federal parliament) is the main legislative body, elected directly by the people,
and they pass laws and pick the Chancellor. There’s also the Bundesrat, which represents the
federal states and checks laws that affect the regions. It's a solid democracy, with coalition
governments being pretty common because no single party usually wins outright. The system is
all about balance, representation, and keeping things in check after the lessons learned from
Germany’s more… chaotic history.

Parliament (2 houses; Bundestag+ bundesrat)

1). The Bundestag:

The Bundestag is the lower house of Germany’s federal legislature, kind of like the House of
Commons in the UK or the House of Representatives in the US. It’s the main legislative body
and arguably the most powerful political institution in Germany.

It was first established in 1949, after World War II, when the Federal Republic of Germany
(West Germany) was formed. It is based in the Reichstag building in Berlin.

Composition of the Bundestag

Number of Members:

• There’s no fixed number of members, which is kind of weird at first.


• The minimum number of seats is 598, but due to Germany's complex electoral system
(more on that below), the number often balloons—right now, it's over 630 members.
How are Members Elected?

Germany uses a mixed-member proportional representation system, which combines:

• First-past-the-post (direct mandate): Voters pick a candidate for their constituency


(there are 299 of these).
• Party list proportional representation: Voters also vote for a political party. Seats are
allocated based on this second vote.

This system tries to balance local representation with overall proportionality, but it leads to
"overhang" and "balance" seats, which is why the total number of seats keeps growing.

Term Length:

• Members are elected for four-year terms.

The Bundestag includes:

• Major parties like CDU/CSU, SPD, The Greens, FDP, AfD, The Left, and others.
• The largest party or coalition usually forms the government, and its leader becomes the
Chancellor.

Powers & Responsibilities of the Bundestag:

This is where the Bundestag really flexes its muscles. Let’s break it down:

1. Legislation (Law-Making)

• The Bundestag is the primary legislative body.


• Laws can be proposed by:
o Bundestag members,
o The Federal Government,
o Or the Bundesrat (the upper house, which represents the states).
• The Bundestag debates, amends, and passes these laws. Most legislation must also be
approved by the Bundesrat, especially if it affects state matters.

So, in short: the Bundestag is where laws are born, argued over, changed, and passed.

2. Election of the Chancellor

• This is a big deal: the Bundestag elects the Federal Chancellor, who is essentially
Germany's Prime Minister and the head of government.
• The President of Germany nominates a Chancellor candidate, but the Bundestag must
approve them.
• The Chancellor must maintain the confidence of the Bundestag to stay in power.
3. Oversight of the Government

The Bundestag keeps a tight leash on the government:

o It can question ministers, request reports, and even launch inquiries.


o Through committees and debate, it holds ministers accountable.
o If things get ugly, it can pass a vote of no confidence to boot out the
Chancellor—this is called a constructive vote of no confidence, where the
Bundestag must agree on a replacement Chancellor at the same time.

4. Control of the Budget

• The Bundestag approves the federal budget every year.


• Without its okay, the government can’t spend a euro.
• This gives it huge influence over policy, especially on social programs, defense,
infrastructure, etc.

5. International Affairs

• While foreign policy is mostly run by the executive branch, the Bundestag has teeth here
too.
• It must approve the deployment of German armed forces abroad.
• It also ratifies international treaties (although some can be fast-tracked).

6. Appointing Key Officials

The Bundestag helps choose:

• Federal Constitutional Court judges (half of them),


• The Federal Commissioner for Data Protection, the Military Ombudsperson, and
others.
2). The Bundesrat

Constitutional Basis and Role


The Bundesrat is defined in the German Basic Law (Grundgesetz) — the constitutional
framework established in 1949 after World War II. It was created to ensure a federal balance of
power, avoiding both authoritarian centralism (as in Nazi Germany) and political fragmentation
(as in the Weimar Republic).

• Articles 50–53 of the Basic Law govern the Bundesrat.

Article 50 GG: "The Länder shall participate through the Bundesrat in the
legislation and administration of the Federation and in matters concerning the
European Union."

So, from day one, it’s written into law: the federal states are not subordinate, but partners in
governance.

Composition and Membership


Unlike a typical upper house (like the U.S. Senate), the Bundesrat is not made up of elected
individuals. Instead, it consists of representatives of the 16 Länder (federal states). These are
ministers or the Minister-President (Premier) of each Land, delegated by the state
governments themselves.

Key Characteristics:

• 69 total votes, distributed by state population:


o 3 votes: for states with up to 2 million people.
o 4 votes: for 2–6 million.
o 5 votes: for 6–7 million.
o 6 votes: for more than 7 million.
• Votes are cast end bloc, i.e., a state must cast all its votes the same way.

Important Note:

• This block vote system reinforces the executive nature of the Bundesrat. If a coalition
rules a state and doesn’t agree, that state might abstain — which can influence whether a
law passes or fails.

Example:

• North Rhine-Westphalia (biggest state): 6 votes


• Bremen (smallest state): 3 votes
Powers and Responsibilities
The Bundesrat has extensive powers, making it more than a ceremonial body. It actively
shapes federal legislation, EU policy, and constitutional amendments.

1. Legislation (Law-making)

The Bundesrat is a co-legislator with the Bundestag (lower house). There are two types of laws:

a) Consent Laws

These require explicit approval from the Bundesrat. These laws involve matters that directly
affect the states, like:

• Education
• Police
• Financial matters (e.g. tax sharing)
• Civil service regulations

If the Bundesrat rejects such a law, it cannot pass — unless amended and re-submitted.

Example: A federal law reforming school curriculum would need Bundesrat consent because
education is primarily a state matter.

b) Objection Laws

These laws don’t require Bundesrat approval, but the Bundesrat can raise objections. The
Bundestag can override these objections with an absolute majority.

Example: Most national criminal laws or foreign policy issues fall into this category.

2. Constitutional Amendments

• Require a two-thirds majority in both the Bundestag and the Bundesrat.


• That means no constitutional change is possible without state agreement.

Example: The 2006 “Federalism Reform I” altered the division of powers between federal and
state levels — it needed full Bundesrat approval.
3. Participation in European Union Matters

Under Article 23 of the Basic Law, the Bundesrat participates in EU policy:

• If an EU law affects exclusive state competencies (like education or culture), the


Bundesrat sends Germany’s EU delegate.
• Otherwise, they can still issue opinions and influence negotiation positions.

Example: In EU negotiations about digital education frameworks, the Bundesrat gets a direct
say because education is a state matter.

4. Other Powers

• Appoints judges to the Federal Constitutional Court along with the Bundestag.
• Can initiate federal laws (like the Bundestag or the government).
• Participates in the Federal Convention to elect the Federal President.

The German Chancellor:

Constitutional Foundation
The office of the Chancellor is the head of government in the Federal Republic of Germany.
The position is defined primarily in Articles 63 to 65 of the German Basic Law
(Grundgesetz).

Unlike many other countries, Germany doesn’t have a single “President-like” figure running
the country. Instead:

• The Federal President is the ceremonial head of state.


• The Chancellor is the real executive leader, similar to a Prime Minister in
parliamentary systems.

The Basic Law was designed after WWII to avoid any concentration of power like what
happened under Hitler. So the Chancellor is powerful — but not unchecked.
Election Process of the Chancellor
1. Federal Election is held every 4 years. Citizens elect members of the Bundestag
(German Parliament).
2. After the election, the Federal President proposes a Chancellor candidate (usually the
leader of the majority party or coalition).
3. The Bundestag votes on the candidate.
o If they win an absolute majority (more than half of all members), the candidate
becomes Chancellor.
o If not, the Bundestag has 14 days to elect someone on their own.
o If still no result, the President can either appoint the candidate with a relative
majority or dissolve the Bundestag and call for new elections.

Note: This process ensures the Chancellor has parliamentary support — essential in a system
based on parliamentary legitimacy.

Powers and Responsibilities


The German Chancellor is often called “the most powerful person in Germany”, and here’s
why:

1. Directive Authority (Richtlinienkompetenz) — Article 65 GG

The Chancellor determines the general guidelines of policy, and is responsible for them.

This is huge. It means:

• The Chancellor sets the overall direction of government policy.


• Ministers manage their portfolios independently, but within the Chancellor’s broad
framework.

For example: If the Chancellor prioritizes climate policy, all related ministries must align their
work toward that goal.

2. Cabinet Leadership

The Chancellor:

• Appoints and dismisses federal ministers, although officially through the President.
• Chairs and controls cabinet meetings.
• Resolves disputes between ministers if needed.
3. Government Management

• Oversees the federal bureaucracy.


• Is the face of the executive in the Bundestag, answering questions and justifying
policies.
• Guides national crisis responses (like economic downturns, pandemics, etc.).

4. Foreign Policy Influence

• While formal diplomacy is handled by the Foreign Minister and the Federal President,
the Chancellor plays a key strategic role.
• Hosts and attends international summits (EU, NATO, G7, G20).
• Works with allies on major decisions (e.g. military deployments, trade agreements).

Example: Angela Merkel was seen as the de facto leader of Europe during the Eurozone crisis
and refugee crisis.

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