German Political System and Federalism - History, Structure, and Constitution | UPSC Notes

The German Political System comprises the Parliament of Germany and the Bundestag. Germany is a democratic federal parliamentary republic, and the Bundesrat, which represents the regional states of Germany, has legislative authority at the federal level. The 1949 constitution lays out the political system of Germany, the Grundgesetz (Basic Law), which remained in force with minor changes after German reunification in 1990. Since 1949, the Christian Democratic Union (CDU) and the Social Democratic Party (SPD) of Germany have controlled the federal system.

German Political System is one of the important topics for UPSC IAS and covers a significant part of the General Studies paper-2 syllabus. In this article, we shall study in detail the German Constitution and German political parties.

Also, check out the Parliament of India And its Functions here.

Germany Political System – Polity UPSC Notes: Download PDF here!

Understanding The Political System of Germany

Germany is a Western European country. It functions as a Parliamentary Democracy and the Federal Republic. The Federal Law of Germany’s constitution is called the Basic Law. The states in Germany are referred to as ‘Landers.’ Germany is called a ‘Chancellor’s Democracy’ as the Chancellor is the Prime Minister and the President is the constitutional head.

What Type of government does Germany have in 2023?

The current government of Germany was formed in 2021.

• The 2021 German federal election was held on 26 September 2021 to elect the 20th Bundestag. 
• The Social Democratic Party of Germany (SPD) is led by Olaf Scholz. It won the most seats in the Bundestag, followed by:
  • the Christian Democratic Union (CDU) and 
  • its Bavarian sister party, the Christian Social Union (CSU), led by Armin Laschet.
• The SPD, the Greens, and the Free Democratic Party (FDP) formed a traffic light coalition government, with Scholz as chancellor. The government was sworn in on 8 December 2021.

How does the political system work in Germany?

The politics of Germany are based on a federal parliamentary democratic republic. The people elect the government in elections where everyone has an equal vote. The constitution is called the Grundgesetz.

Also, check what are Political Parties and Pressure Groups here.

Political System Of Germany: A Brief Background

• The German Constitution is also known as the Basic Law.
• The Basic Law was initially enacted in 1949 as a temporary foundation for the fundamental structure of the state up until German reunification. Its provisional nature was meant to be conveyed by “Basic Law.”
• However, the Basic Law has always comprised all of a constitution’s essential elements and has successfully served as one for more than 60 years.
• The governments of the Federal Republic of Germany and the German Democratic Republic agreed to reunify Germany in the Unification Treaty of August 31, 1990.
• It was decided to follow Article 23 of the Basic Law’s procedure instead of drafting a new constitution and holding a subsequent referendum (as required by Article 146 of the Basic Law):
• Eastern Germany joined the Federal Republic.
• Five new federal states (Länder)
• The united city-state of Berlin was established.
• With two-thirds majorities, both the West and East German parliaments endorsed this choice.
• The Basic Law became the nation’s charter on October 3, 1990, the day of Germany’s reunification.
• Since 1949, the Basic Law has undergone more than 60 modifications. The constitutional provisions for rearmament in 1956 and emergency legislation in 1968 were two of these amendments.
• Major constitutional reforms were enacted in 1994 following reunification and in 2006 and 2009 to reorganize Germany's federalist competencies and financial structures.

Also, check out the article on Important Articles in the Indian Constitution with this link!

Structure Of the Political System in Germany

The table below shows the Structure Of the Political System in Germany:

Federalism

There are 16 constitutive states in Germany, and each has considerable authority over subjects relating to the police, the law, culture, and disaster management. Berlin, Hamburg, and Bremen are also federal states for historical reasons. The federal state comprises several component states (Länder or Bundesländer) and a central government (Bund).

Democracy

The Fundamental Law states. "The people hold all power in the state." Germany is a democracy. Thus, all power is believed to come from the people there. The separation of powers is designed to create formal limits on the use of power, uphold democratic representation, and encourage the effective discharge of obligations. Another element of Basic Law is the separation of powers. The legislative, executive, and judicial branches all have equal authority.

Executive

The President is the Head of State, and the Chancellor is the Head of the Government

The executive branch comprises the President, the Chancellor, and Federal Ministers. The President appoints and removes ministers on the advice of the Chancellor. The Chancellor and the ministers set the policies and guidelines for the federal government.

Legislature

The legislature at the federal level is composed of two houses, the Bundesrat and the Bundestag. Bundestag is the lower house with 598 regular seats elected under a mixed electoral system. Bundesrat is the upper house comprised of members of the Lander governments and represents state interests.

Judiciary

Germany has an independent judiciary consisting of the Federal Constitutional Court, Supreme Federal Courts, and others. The Basic Law conflicts between Landers and the Federation, disputes between Landers, and other matters are decided by the Federal Constitutional Court. As a result, it resembles the Supreme Court of India.

Study in detail about Fundamental Rights here!

Political Parties of Germany

German democracy is based around political parties – organizations set up to follow common sets of principles and synchronize their efforts in the various political institutions. The list of German political parties is given in the table below:

Political Parties	Description
Social Democrats (SPD)	The SPD is Germany’s oldest party and is thought of as its second largest. It was Founded in 1863, and currently, it lies in the center ground and tends to propose social protections for workers, greater environmental regulation, and socially liberal policies.
Free Democrats (FDP)	This party is positioned to the right of the CDP economically but socially very liberal. The FDP is hard to place in German politics. It was founded in 1948, headed by Christian Lindner, and it regularly wins 7-8% in elections.
Christian Democrats	It is located on the center-right, and the CPD has been Germany’s most electorally successful party. It was founded in 1945 by a coalition of anti-Nazi groups and conservatives. The party brings together Protestants and Catholics and generally follows pro-market, socially conservative policies. Some of the famous figures include Angela Merkel (Chancellor of Germany from 2005-2021)
Alternative for Germany (AFD)	AFD is a right-wing nationalist party that seeks to reduce immigration and occupies anti-Islam positions.  It has few allies in other parties, which tend to work to reduce its growth and influence.
Die Linke	It was founded in 2007 by left-wing dissidents Die Linke is a left-wing party that draws inspiration from anti-capitalist thinkers. It also holds over 60 Bundestag seats.
Greens	Germany has one of the most successful Green parties in the world. Greens like Joschka Fischer have served as Foreign Minister, pushing Germany towards support for peace and pro-renewable policies.

Also, check out the article on the National Financial Reporting Authority to boost your UPSC preparation!

Constitution of Germany

The Basic Law for the Federal Republic of Germany, also known as the German Constitution, is the foundational legal document that outlines the framework for Germany's government and legal system. Here are some key features of the Constitution:

• Democracy: The Constitution establishes Germany as a federal parliamentary republic, where the people hold the power, and the government is responsible to the Parliament.
• Fundamental Rights: The Constitution guarantees individual rights and freedoms such as freedom of speech, assembly, religion, and the press. It also prohibits discrimination based on race, gender, religion, and other grounds.
• Separation of Powers: The Constitution separates the legislative, executive, and judicial branches of government to ensure checks and balances and prevent any one branch from becoming too powerful.
• Federalism: The Constitution establishes a federal system of government, with powers divided between the central government and the individual states.
• Human Dignity: The Constitution declares that human dignity shall be inviolable and is the foundation of all legal and political order in Germany.
• Amendments: The Constitution can be amended through a special process that requires a two-thirds majority of both houses of Parliament and the approval of two-thirds of the states.

Check out the Article on the Russian Constitution here!

Parliament of Germany

The national legislature of the Federal Republic of Germany is known as the German Bundestag. The seat of parliament is located in Berlin’s Reichstag Building. There are 736 members of Parliament during the current election term. Since the Federal Republic’s founding in 1949, there have been 20 elections. After the Federal President, the President of the Bundestag is the second-highest state official in Germany. Since October 2021, Bärbel Bas (SPD) has presided over the Bundestag.

The Basic Law

The Basic Law serves as the Federal Republic of Germany’s constitution. It lays down the underlying framework and core principles of the state. The German Bundestag elections are conducted by the principles outlined in the Basic Law, among other things. It specifies how the German Parliament should be run and lays the foundation for the status and rights of the freely elected Members of the body.

Rules of Procedure

The structure and operating procedures of the German Bundestag are specifically governed by its Rules of Procedure.

Act Governing the Legal Framework for Committees of Inquiry

Inquiry committees primarily look into potential instances of bad governance, bad administration, and improper behaviour by politicians. The rights of these committees are governed by the Act Governing the Legal Framework for Committees of Inquiry.

Act on the Legal Status of Members of the German Bundestag

The rights and obligations of German Bundestag members are outlined in the Act on the Legal Status of Members of the German Bundestag. It ensures Members’ right to an unrestricted ability to carry out their mandates and controls the benefits to which they are entitled. The Members of the European Parliament Act is also included in the text.

Study in detail about the Sources of the Indian Constitution with this link!

Highest Bodies in the Legislative, Executive & Federal Branch

• The German constitution assigns equal authority to the executive, legislative, and judicial branches at the federal level.
• The Federal Chancellor, who serves as head of state, oversees the federal government, and chooses Federal Ministers, is the most powerful figure in the executive branch.
•  The German government elects a Federal President who serves mostly in a ceremonial capacity in addition to the Chancellor.
• The Bundestag (Federal Assembly) and Bundesrat (Federal Council), the two chambers of parliament, are the highest legislative bodies.
• The Bundesverfassungsgericht (BverfG), the Länder courts, and the federal courts hold judicial authority in Germany.

Study in detail the Industrial revolution in Germany with this link!

Role of the German Constitution

• Germany is a constitutional democracy. This means that the framework of rules that determines where power lies and how people are elected is described by a core document.
• Any changes to this document must be made with careful attention to their wider implications.
• The constitution was passed in 1949 and is known as the Grundgesetz für die Bundesrepublik Deutschland (or Basic Law).
• Unlike some constitutions, it has regularly been reshaped to suit changing situations and is regarded as one of the world's most flexible of its kind.

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Working of German Voting

• Germany has a multi-party system.
• The two largest parties are the Christian Democratic Union (CDU) and the Social Democratic Party of Germany (SPD).
• Germans vote for their representatives in the Bundestag using a mixed-member proportional representation system.
• This means that each voter casts two votes: one for a candidate in their local constituency and one for a party list.
• The first vote is used to elect the direct representatives for each constituency.
• The second vote is used to allocate seats to the parties in proportion to the number of votes they receive.
• The Bundestag is elected for a four-year term.
• The chancellor is the head of the government of Germany.
• They are elected by the Bundestag and are responsible for appointing the cabinet.

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Difference Between Bundesrat and Bundestag

• The Bundesrat is the “second chamber”. Unlike the Bundestag, its 69 members are not elected. Instead, they are recommended by provincial governments and tend to reflect the national vote tallies of the major parties.
• Designed to check executive power, the second chamber must agree to all legislation tabled by the Bundestag and act as a champion of regional powers.
• If federal laws infringe on regional powers, the Bundesrat is tasked with registering dissent and blocking those laws.
• The chamber can also veto changes to the German constitution, a hugely important check on the Bundestag’s power.
• By contrast, the Bundestag is fully elected and much more powerful. Members of the Bundestag from German governments propose legislation, schedule budgets, and vote on foreign policy issues such as declarations of war.

Study in detail the Political Parties in India here!

Conclusion

Germany’s Political System is vast and written. The feature of suspension of Fundamental Rights in the Indian constitution during the Emergency is taken from the Weimar Constitution of Germany. The Constitution of Germany has played a crucial role in establishing and maintaining the country's democratic government and legal system since its adoption in 1949.

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