Germany’s form of state: democratic, social, federal

A republic, not a monarchy

A republic has no hereditary head of state. The head of state is therefore elected, not inherited. In Germany this is the Federal President (Bundespräsident/Bundespräsidentin). He or she represents the state. The office has mainly representative duties. The Federal Chancellor (Bundeskanzler/Bundeskanzlerin), on the other hand, leads the Federal Government (Bundesregierung).

The Federal Convention (Bundesversammlung) elects the head of state. It consists of the members of the Federal Parliament (Bundestag) and representatives of the federal states (Länder). A monarchy, by contrast, has a king or queen who holds the office by birth. Germany is therefore not a monarchy and not a dictatorship either.

Democratic, social and a state governed by the rule of law

Democracy means that the people decide who governs. Citizens elect parliaments and can thereby take part in decisions. Democracy includes regular elections, different parties and freedom of expression. In elections, citizens decide which parties are represented in the Federal Parliament. A dictatorship, by contrast, suppresses the opposition.

Social means that the state provides social security and a balance between people with different incomes. Being a state governed by the rule of law (Rechtsstaat) means that the state and its bodies must also obey law and justice. Courts can review their decisions. Article 20 says: “The Federal Republic of Germany is a democratic and social federal state.” So Germany is also a welfare state.

Popular sovereignty: all state authority is derived from the people

Popular sovereignty is a technical term. It means that supreme power in the state comes from the people. The Basic Law puts it like this: “All state authority is derived from the people.”

The people exercise this power through elections and votes. They also exercise it through the organs of the state, for example through parliament and government. The Federal Constitutional Court (Bundesverfassungsgericht) watches over the constitution.

Freedom instead of censorship

The Basic Law protects freedom of expression and freedom of the press (Article 5). It says explicitly: “There shall be no censorship.” Censorship means that the state checks in advance, and can forbid, what is allowed to be published.

This freedom applies to all citizens. Journalists may therefore report without the state checking their articles in advance. Press censorship therefore has no place in a democracy. Regular elections and different parties, by contrast, do belong to one.

A federation: the Federation and the states

Germany is a federation. It consists of the Federation and 16 states. Each state has its own powers, for example its own government. Power is therefore divided among several levels. The Basic Law sets out which level is responsible for what.

A centralised state, by contrast, has a single centre that decides everything. A confederation is a loose association of independent states. Germany is a federation with self-governing states.

The constitutional bodies of the Federation

Constitutional bodies are institutions defined by the Basic Law. They include:

• the Federal Parliament: the parliament of the Federation, elected by the people
• the Federal Council (Bundesrat): the representation of the states, in which the state governments (Landesregierungen) sit
• the Federal Government: carries out the policy of the Federation
• the Federal President: the head of state
• the Federal Constitutional Court: decides constitutional questions

The Federal Parliament and the Federal Council take part in making federal laws.

SourcesGrundgesetz für die Bundesrepublik Deutschland↗Was ist das Grundgesetz? - Bundesregierung↗Grundgesetz für die Bundesrepublik Deutschland↗Bundesversammlung und Wahl des Bundespräsidenten - Deutscher Bundestag↗Verfassungsorgane - Deutscher Bundestag↗