Chapter 1.2

Question 1

How was the political system of the Federal Republic of Germany structured after its foundation in 1949?

Answer 1

After its foundation in 1949, the political system of the Federal Republic of Germany was structured as a federal state, consisting of 16 federal states (Länder or Bundesländer). Power was divided between the federal and Länder levels, with the intention of preventing a concentration of power. Cooperation between the Federation and the Länder was primarily regulated by the “Basic Law” (constitution) and various treaties on specific areas of cooperation.

Question 2

What were the main reasons for creating a federal structure in Germany?

Answer 2

The main reasons for creating a federal structure in Germany were to take into account Germany’s history and regional diversity, and to prevent a concentration of power as experienced under the Prussian Empire and National Socialism.

Question 3

What led to the dissolution of the Länder in the German Democratic Republic (GDR) in 1952?

Answer 3

In the German Democratic Republic (GDR), the dissolution of the Länder (states) in 1952 was a result of the socialist central state formation. The GDR government aimed to consolidate power and centralize control by dissolving the Länder and establishing a more centralized governance structure.

Question 4

How did the regional reorganization in Germany follow the structures created by the occupying powers?

Answer 4

The regional reorganization in Germany following the structures created by the occupying powers involved merging regions that had never historically formed politically independent units. The occupying powers, after World War II, had already created decentralised administrative units in all four occupation zones. The reorganization in Germany partially followed these structures, leading to the merging of regions and the formation of new administrative divisions within the federal structure. This historical context influenced the regional reorganization process in Germany.

Question 5

How many federal states (Länder) does the Federal Republic of Germany currently consist of, and how many of them were part of the former GDR?

Answer 5

The Federal Republic of Germany currently consists of 16 federal states (Länder or Bundesländer). Out of these 16 states, five of them were part of the former German Democratic Republic (GDR).

Question 6

How is the distribution of state revenue and financial equalization between federal states regulated?

Answer 6

The distribution of state revenue and financial equalization between federal states in Germany is regulated through treaties.

Question 7

What are the five permanent constitutional bodies mentioned in the Basic Law of Germany?

Answer 7

The five permanent constitutional bodies mentioned in the Basic Law of Germany are:

1.Bundestag
2.Bundesrat
3.Federal Government
4.Federal President
Federal Constitutional Court

Question 8

What are the two non-permanent constitutional bodies mentioned in the Basic Law of Germany?

Answer 8

The two non-permanent constitutional bodies mentioned in the Basic Law of Germany are:

Federal Assembly (Bundesversammlung)
Joint Committee (Gemeinsamer Ausschuss)

Question 9

What is the role of the Bundestag in the legislative process in Germany?

Answer 9

The Bundestag plays a crucial role in the legislative process in Germany. Its main role is to pass federal laws, typically by a simple majority vote. The Bundestag is considered the first chamber of the legislature and consists of members who are elected in free, equal, and secret elections. It is responsible for initiating and drafting legislation, debating and amending proposed laws, and ultimately passing them. In some cases, federal laws that impact the budgets and organization of the Länder (states) also require the consent of the Bundesrat, the second chamber of the legislature.

Question 10

How is the Bundestag formed and how are its members elected?

Answer 10

The Bundestag is formed through a process of direct elections in Germany. Its members are elected by the eligible voters in the country. The elections follow a system of proportional representation, where voters cast their ballots for political parties rather than individual candidates. The number of seats a party receives in the Bundestag is determined by the proportion of votes it receives nationwide. Members of the Bundestag are elected in free, equal, and secret elections held every four years. The Bundestag consists of individuals who have been elected as representatives of their respective parties based on the results of the election.

Question 11

What is the role of the Bundesrat in the legislative process and how are its members determined?

Answer 11

The Bundesrat plays a significant role in the legislative process in Germany. Its main function is to represent the interests of the federal states (Länder) and participate in the decision-making process of the federal government.

The Bundesrat consists of representatives appointed by the governments of the 16 federal states. The number of representatives from each state varies, and their votes roughly correspond to the size of their respective states. The composition of the Bundesrat can change based on the outcomes of state elections, as a new government in a federal state must re-nominate its representatives.

In the legislative process, the Bundesrat has the power to review and provide input on legislation proposed by the Bundestag (Federal Parliament). It can propose amendments, suggest modifications, and voice concerns about bills that may affect the interests of the federal states. In some cases, the consent of the Bundesrat is required for the passage of federal laws, particularly those that impact the jurisdiction and authority of the federal states.

Question 12

How does the outcome of state elections influence the composition of the Bundesrat?

Answer 12

The outcome of state elections in Germany can significantly influence the composition of the Bundesrat, the second chamber of the legislature. When a new government takes office after an election in a federal state, it must re-nominate its representatives to the Bundesrat.

The representatives in the Bundesrat are appointed by the governments of the federal states. The number of representatives from each state varies, and their votes correspond roughly to the size of their respective states. Therefore, changes in state elections can lead to changes in the party-related majorities within the Bundesrat.

If there is a shift in the political landscape of a federal state due to election results, it can result in a change in the composition of the Bundesrat. The appointment of new representatives from the federal states can alter the party balance within the chamber and potentially impact the dynamics of decision-making and legislation at the federal level.

Hence, the outcome of state elections holds significance not only at the state level but also in the context of federal politics, as it can have implications for the composition and party dynamics within the Bundesrat.

Question 13

Who leads the Federal Government in Germany and how is the Chancellor elected?

Answer 13

The Federal Government in Germany is led by the Chancellor (Bundeskanzler). The Chancellor is elected by the members of the Bundestag (Federal Parliament). The process of electing the Chancellor involves the following steps:

1. After a general election, the political party or coalition of parties that holds the majority in the Bundestag typically nominates a candidate for Chancellor.
2. The candidate for Chancellor must receive the majority support of the members of the Bundestag to be elected.
3. The vote for the Chancellor takes place within the Bundestag.
   If the candidate receives an absolute majority of votes (more than half), they are elected as Chancellor.
4. If the candidate fails to secure an absolute majority, subsequent voting rounds are held. In subsequent rounds, a candidate can be elected by a plurality of votes (more votes than any other candidate).
5. Once the Chancellor is elected, they appoint the other members of the Federal Government, known as Bundesminister (Federal Ministers).
6. The Chancellor and the ministers take the oath of office in the Bundestag, but their appointments do not require confirmation by parliament.

In general the chancellor is elected b the Bundestag on the proposal of the federal president.

Question 14

What is the role of the Bundespräsident in the appointment of the Chancellor and ministers?

Answer 14

The Bundespräsident (Federal President) in Germany has the authority to appoint the Chancellor and ministers. However, it is important to note that the Bundespräsident does not have the right to veto the appointment of a head of government elected by parliament. The Bundespräsident’s role is to formally appoint the Chancellor and ministers based on the decision made by the Bundestag (Federal Parliament). The Chancellor is elected by the members of the Bundestag, and once elected, they nominate the other members of the federal government. The Bundespräsident’s role is to carry out the formal appointment process but does not have the power to overturn the decision made by parliament.

Question 15

How is the Bundespräsident elected and what is the composition of the Federal Assembly?

Answer 15

The Bundespräsident (Federal President) in Germany is elected by the Federal Assembly (Bundesversammlung). The Federal Assembly is composed of the members of the Bundestag (Federal Parliament) and an equal number of members elected by the people’s assemblies of the Länder (federal states).

The election of the Bundespräsident follows an indirect democratic process. The electorate does not directly elect the government but only the parliament (Bundestag) and influences the formation of the government and the election of the Bundespräsident by determining the parliamentary majorities.

The composition of the Federal Assembly ensures proportional representation of the states. The number of members from each state is equal to the number of its representatives in the Bundestag. This means that larger states have more members in the Federal Assembly, reflecting their population size.

Question 16

What is the role of the Federal Constitutional Court in the German political system?

Answer 16

The Federal Constitutional Court (Bundesverfassungsgericht) in Germany is an independent body that plays a crucial role in the German political system. Its primary role is to ensure the constitutionality of laws and to protect individual rights and freedoms.

The Federal Constitutional Court acts as a guardian of the Basic Law (constitution) and has the authority to review and rule on the compatibility of laws, regulations, and governmental actions with the provisions of the Basic Law. It ensures that the actions of the legislative, executive, and judicial branches of government adhere to the constitutional principles and do not violate fundamental rights and freedoms.

Question 17

What is the purpose of the joint committee mentioned as a non-permanent constitutional body?

Answer 17

The joint committee is mentioned as a non-permanent constitutional body in Germany. Its purpose is to exercise the rights of the Bundestag (Federal Parliament) and the Bundesrat (representatives of the federal states) in the event of defense. The joint committee comes into action when insurmountable obstacles prevent the Bundestag from convening in due time or when the Bundestag does not have a quorum.

Question 18

How does the electoral system in Germany work?

Answer 18

In Germany, the electoral system is based on a proportional representation system. Each citizen has two votes. With the first vote, voters elect a candidate directly from their constituency. The candidate who receives the highest number of votes wins the “direct mandate” and enters the Bundestag or the respective state parliament.

The second vote is cast for a political party. The composition of the parliament is determined by the proportion of second votes received by each party. If a party receives, for example, 25% of the second votes, it is entitled to 25% of the seats in the Bundestag. The remaining seats are filled by candidates from party lists, which are determined by the respective parties in each federal state.

To enter the Bundestag, a party must either win at least 5% of the second votes or have at least three direct mandates. This threshold helps prevent a fragmentation of parliament. After the election, parties usually engage in coalition negotiations and form a government based on a coalition agreement.

Question 19

How is the composition of the Bundestag determined?

Answer 19

Each citizen has two votes in the election: the first vote and the second vote.

The first vote is cast for a specific candidate in their electoral district (constituency). The candidate with the highest number of first votes in each district becomes a directly elected member of the Bundestag. These members are known as “direct mandate” holders.

The second vote is cast for a political party rather than an individual candidate. Citizens vote for the party they prefer, and the composition of the Bundestag is calculated based on the proportion of second votes received by each party.

The seats in the Bundestag are allocated to parties based on the percentage of second votes they receive nationwide. This allocation ensures that the distribution of seats reflects the overall support for each party.

If a party wins more directly elected seats (first votes) in a constituency than the proportion of seats it is entitled to based on the second votes, additional seats are added to the Bundestag to maintain proportional representation.

To prevent excessive fragmentation of the Bundestag, a party must either receive at least 5% of the second votes nationwide or win at least three directly elected seats in order to qualify for proportional representation.

Question 20

What is the significance of the first and second votes in the German electoral system?

Answer 20

First Vote: The first vote is cast for a specific candidate in the voter’s electoral district (constituency). The candidate who receives the highest number of first votes in each district becomes a directly elected member of the Bundestag. These members are known as “direct mandate” holders. The first vote allows citizens to have a direct say in selecting their representative at the local level.

Second Vote: The second vote is cast for a political party rather than an individual candidate. Citizens vote for the party they prefer, and the composition of the Bundestag is determined based on the proportion of second votes received by each party. The second vote plays a crucial role in shaping the overall distribution of seats in the Bundestag and determining the balance of power among political parties.

The significance of the first vote lies in ensuring local representation and connecting voters with their directly elected representatives. It allows citizens to have a voice in selecting a representative who specifically represents their constituency.

The significance of the second vote lies in determining the overall proportion of seats each political party receives in the Bundestag. It ensures that the composition of the Bundestag reflects the overall support for each party nationwide and allows for proportional representation.

Question 21

What is the threshold for a party to enter the Bundestag?

Answer 21

In the German electoral system, there is a threshold for a party to enter the Bundestag, which is commonly known as the “5% threshold” or the “electoral threshold.” According to this threshold, a party must receive at least 5% of the valid second votes or win at least three directly elected seats (direct mandates) in order to be eligible for seats in the Bundestag.

The purpose of this threshold is to prevent excessive fragmentation of the parliament and ensure a certain level of stability and effectiveness in the legislative process. Parties that do not meet the 5% threshold or fail to win at least three direct mandates are not allocated seats in the Bundestag, and their votes are not taken into account when determining the proportional distribution of seats among the participating parties.

Question 22

How has the political landscape in the Bundestag changed in recent years?

Answer 22

In recent years, the political landscape in the Bundestag has witnessed notable changes. Traditionally, the two major parties in Germany were the Christian Democratic Union (CDU) and the Social Democratic Party (SPD), often referred to as the “people’s parties.” However, their dominance has declined, and other parties have gained significance.

One significant change has been the emergence of the Alternative for Germany (AfD) party. Founded in 2013, the AfD has positioned itself as a right-wing populist party, focusing on issues such as immigration, Euroscepticism, and national identity. The party entered the Bundestag in 2017 and became the third-largest party in terms of seats. However, it is important to note that the AfD has faced criticism for its controversial stances and policies.

Another notable development has been the rise of the Green Party (Alliance 90/The Greens). The Greens have gained support by championing environmental protection, sustainability, and social justice. They have steadily increased their representation in the Bundestag and have become a potential coalition partner for other parties.

Additionally, the liberal Free Democratic Party (FDP) has maintained its presence in the Bundestag and has often been a potential coalition partner for both the CDU/CSU and the SPD.

These changes have led to a more diverse political landscape in the Bundestag, with a broader range of parties represented and potential coalitions beyond the traditional CDU/CSU-SPD partnership.

Question 23

What is the significance of the separation of powers in a constitutional state?

Answer 23

In a constitutional state, the separation of powers holds great significance. It serves as a fundamental principle that helps safeguard against the concentration of power and potential abuses by those in authority. The separation of powers entails the division of governmental functions into distinct branches: the executive, legislative, and judicial. This division ensures a system of checks and balances, where each branch acts as a check on the others, preventing any one branch from becoming too dominant. The separation of powers helps protect individual rights, promotes accountability, and maintains the rule of law within the constitutional framework of a state.

Question 24

How does the separation of powers in a parliamentary democracy differ from a presidential democracy?

Answer 24

In a parliamentary democracy, such as Germany, the separation of powers between the legislative and executive branches is less pronounced compared to a presidential democracy, like the United States. In a parliamentary system, the executive branch, including the Bundeskanzler (Chancellor) and government members, is usually elected from within the legislative body itself. MPs who become part of the government retain their parliamentary mandates.

Contrastingly, in a presidential democracy, the executive branch, led by the president, is elected separately from the legislative body. The president and members of the executive branch do not typically hold seats in the legislature. This separation of executive and legislative powers is more distinct, with the president having greater independence from the legislature.

In summary, the key difference lies in the relationship between the executive and legislative branches. In a parliamentary democracy, the executive branch is more integrated with the legislature, while in a presidential democracy, the executive branch operates with greater independence from the legislative body.

Question 25

What role does the government play in the legislative process in Germany?

Answer 25

In Germany, the government has a significant role in the legislative process. It is responsible for initiating and drafting laws, which are then presented to the Bundestag (parliament) for discussion and approval. The government plays a crucial role in shaping the content and direction of legislation, as it possesses the expertise and resources to develop comprehensive policy proposals. It also has the authority to defend and advocate for its legislative agenda during parliamentary debates. Additionally, the government is responsible for overseeing the implementation of laws once they are enacted, ensuring that they are carried out effectively and in accordance with the intended goals. Overall, the government’s involvement in the legislative process reflects its central role in governance and policymaking in Germany.

Question 26

What is the requirement for a successful vote of no confidence against the government in Germany?

Answer 26

In Germany, a successful vote of no confidence against the government requires a “constructive vote of no confidence.” This means that the vote of no confidence can only be successful if a new Chancellor is elected at the same time. In other words, the Bundestag can remove the government from office, but it must simultaneously elect a new Chancellor to replace the incumbent. This requirement aims to prevent the destabilization of the government without a viable alternative in place.

Question 27

How is the independence of the media considered as the “fourth power” in the principle of separation of powers?

Answer 27

The independence of the media is considered the “fourth power” in the principle of separation of powers in a more modern interpretation. It is seen as a crucial element in upholding democracy and holding the government and other branches of power accountable. Just as the executive, legislative, and judicial branches serve as checks and balances on each other, the media acts as a check on the government and other institutions.

The media’s independence refers to its ability to operate free from government control or undue influence from powerful individuals or entities. It is meant to provide unbiased information, diverse perspectives, and critical analysis of political and social issues. By reporting on government actions, exposing wrongdoing, and facilitating public discourse, the media serves as a watchdog and helps ensure transparency, accountability, and the protection of democratic values.

Through public broadcasting and other independent media outlets, the media aims to provide comprehensive and reliable information to the public. Public broadcasters, financed through a fee collected from citizens, operate independently from the government and commercial interests. They are overseen by boards that represent various segments of society, including political parties, religious institutions, trade unions, and more, ensuring a plurality of viewpoints.

Question 28

What is the composition of public broadcasting in Germany?
How do public broadcasters in Germany finance themselves?

Answer 28

In Germany, public broadcasting is composed of nine regional broadcasters that collaborate under the Arbeitsgemeinschaft der öffentlich-rechtlichen Rundfunkanstalten der Bundesrepublik Deutschland (ARD). Additionally, there are two nationwide broadcasters, namely the “Zweites Deutsches Fernsehen” (ZDF) and the “Deutschlandfunk” (DLF). The public broadcasters collectively provide various media services, including television, radio, and online content.

Regarding their financing, public broadcasters in Germany operate based on a mixed funding model. They are allowed to generate revenue through advertising, which helps support their operations. However, their primary financial independence is based on a fee system called Rundfunkbeitrag, which is a broadcasting contribution collected by the state from all citizens. This fee is intended to ensure the financial autonomy of public broadcasters and prevent undue influence from commercial interests.

The Rundfunkbeitrag is paid by households and businesses and is not dependent on individual usage of public broadcasting services. The funds collected through this contribution are distributed among the public broadcasters to finance their programming, infrastructure, and operational costs. The aim of this funding mechanism is to maintain the independence of public broadcasting and its ability to serve the public interest without relying solely on advertising revenue or political influence.