GOVERNMENT
Separation of Power
Current Chancellor - Angela Merkel
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Besides the protection of rights, the Basic Law for the Federal Republic of Germany also establishes institutions, each with distinct functions, to enhance the efficiency of the government and distribute power across the board to prevent an authoritarian overthrow. The German government's checks and balance on power is demonstrated through its three constitutional institutions, which are the executive, legislative, and judicial branches respectively.
The executive branch of the government consists of the president (the head of state), the chancellor (the head of government), and the cabinet. These officers are in charge of signing bills and overlooks the government. It is interesting to note that the federal president in Germany is mostly a figurehead, largely representational and ceremonial, with reduced executive powers as compared to the head of state established by the former Weimar Constitution. The Chancellor, on the other hand, is the head of the cabinet and exerts a larger influence and role in everyday politics compared to the federal President. The selection mechanism of the cabinet is by appointment, chosen by the Chancellor. The Chancellor office itself is elected. The current federal president and federal chancellor is Joachim Gauck and Angela Merkel respectively. Interestingly, Merkel is the first women to be appointed chancellor since the creation of this office and she represents the Christian Democratic union, a conservative and liberal political party.
As for the legislative branch, Germany operates under a bicameral legislature: the Bundestag (diet) which serves the lower house and the Bundesrat (federal council) which serves the upper house. A bicameral legislature has one chamber that is typically representative of the states or minority groups. This is shown through the functions of the two assemblies: the Bundestag is in charge enacting legislation and electing the Chancellor whereas the the Bundesrat represent the states. This branch as a whole is purposed to "invent" and implement policies, which in general when combined with the top official spots marked in the executive branch (cabinet + executive + president) makes up the bureaucracy structure. The legislative branch of the German government operates under the system of proportional representation. For example, if a party wins 15 percent of the popular vote, it receives 15 percent of the seats in the Bundestag. However, there is an interesting twist regarding proportional representation. An article termed the 5 percent clause states that "a party must receive a minimum of 5 percent of the national vote, or three constituency seats, in order to get any representation in the Bundestag."
The Judicial branch of the German government is headed by the German Federal Constitutional Court, which is often regarded as one of the most powerful and interventionist courts in the world as it is awarded additional powers beyond those of the USA Supreme Court. The German Federal Constitutional Court is the guardian of the Constitution, which establishes this country as a constitutional regime. Judicial Review poses a second limitation to the government as it is given the power to review and reject constitutional amendments that are considered contrary or conflicting with the general idea of the remainder of the Constitution.
On an interesting note, the legal system in Germany follows an inquisitorial system in which judges participate actively in investigating facts of a case instead of the common adversarial system in which judges are to remain impartial to ensure fair-play and evaluate by presented facts from both parties. Within the judicial branch of the German government are 5 other federal courts that deal with cases in special fields. The 5 federal courts are as listed:
1. Federal Court of Justice - which deals with criminal and private law matters
2. Federal Administrative Court - which settles disputes between citizens and the state - also serves as part of the judicial review process
3. Federal Finance Court - which deals with taxes and customs
4. Federal Labor Court - which handles all labor law related issues
5. Federal Social Court - which assists in social security cases (such as health insurance)
The executive branch of the government consists of the president (the head of state), the chancellor (the head of government), and the cabinet. These officers are in charge of signing bills and overlooks the government. It is interesting to note that the federal president in Germany is mostly a figurehead, largely representational and ceremonial, with reduced executive powers as compared to the head of state established by the former Weimar Constitution. The Chancellor, on the other hand, is the head of the cabinet and exerts a larger influence and role in everyday politics compared to the federal President. The selection mechanism of the cabinet is by appointment, chosen by the Chancellor. The Chancellor office itself is elected. The current federal president and federal chancellor is Joachim Gauck and Angela Merkel respectively. Interestingly, Merkel is the first women to be appointed chancellor since the creation of this office and she represents the Christian Democratic union, a conservative and liberal political party.
As for the legislative branch, Germany operates under a bicameral legislature: the Bundestag (diet) which serves the lower house and the Bundesrat (federal council) which serves the upper house. A bicameral legislature has one chamber that is typically representative of the states or minority groups. This is shown through the functions of the two assemblies: the Bundestag is in charge enacting legislation and electing the Chancellor whereas the the Bundesrat represent the states. This branch as a whole is purposed to "invent" and implement policies, which in general when combined with the top official spots marked in the executive branch (cabinet + executive + president) makes up the bureaucracy structure. The legislative branch of the German government operates under the system of proportional representation. For example, if a party wins 15 percent of the popular vote, it receives 15 percent of the seats in the Bundestag. However, there is an interesting twist regarding proportional representation. An article termed the 5 percent clause states that "a party must receive a minimum of 5 percent of the national vote, or three constituency seats, in order to get any representation in the Bundestag."
The Judicial branch of the German government is headed by the German Federal Constitutional Court, which is often regarded as one of the most powerful and interventionist courts in the world as it is awarded additional powers beyond those of the USA Supreme Court. The German Federal Constitutional Court is the guardian of the Constitution, which establishes this country as a constitutional regime. Judicial Review poses a second limitation to the government as it is given the power to review and reject constitutional amendments that are considered contrary or conflicting with the general idea of the remainder of the Constitution.
On an interesting note, the legal system in Germany follows an inquisitorial system in which judges participate actively in investigating facts of a case instead of the common adversarial system in which judges are to remain impartial to ensure fair-play and evaluate by presented facts from both parties. Within the judicial branch of the German government are 5 other federal courts that deal with cases in special fields. The 5 federal courts are as listed:
1. Federal Court of Justice - which deals with criminal and private law matters
2. Federal Administrative Court - which settles disputes between citizens and the state - also serves as part of the judicial review process
3. Federal Finance Court - which deals with taxes and customs
4. Federal Labor Court - which handles all labor law related issues
5. Federal Social Court - which assists in social security cases (such as health insurance)