Questions on: The rule of law and the separation of powers in Germany

The constitution distributes public power among several bodies that check one another. This is meant to prevent a single body from deciding alone on people’s rights and duties.

The Basic Law (Grundgesetz) regulates which federal bodies make decisions and how they are controlled. These provisions determine the structure of the state bodies.

Public authorities and the judicial system in Germany are bound by law and subject to oversight. The details of this are laid down in laws and procedural codes.

The judicial system in Germany is independent, and its work is bound by rules of procedure. These include the organisation of the courts and the codes of procedure.

State power in Germany is divided into three areas that limit one another. This division goes back to the principle of the separation of powers.

The Federal Council (Bundesrat) is a constitutional body in which the governments of the federal states (Länder) are represented. Its members are sent by the state governments (Landesregierungen).

The administration carries out laws and consists of authorities at various levels. Its tasks arise from the law that the legislature passes.

In Article 20, the Basic Law (Grundgesetz) distributes state authority among different bodies. Montesquieu had given this separation of powers its theoretical foundation in the 18th century.

In the Basic Law (Grundgesetz), state authority is not united in one hand but is exercised by different bodies. This separation serves as protection against abuse of power.

The division of state authority is laid down in Article 20 of the Basic Law (Grundgesetz). It is one of the principles that may not be abolished even by a constitutional amendment.