The German Judiciary Flashcards
The judiciary has always played a major role in German government. True or False
True
The Basic Law enumerates twenty individual rights, more than exist in the U.S. Constitution or in British common law. True or False
True
In defining the meaning of laws and implementing their administration, German courts go considerably beyond those in the United States and Britain. True or False
True
Unlike U.S. courts, the German judiciary functions like a political institution, involving itself in the most important issues of the day, serving to protect the interests of the political party/parties that are dominant at the time. True or False
False
The issue of abortion is one that the German courts have steadfastly avoided unlike the courts in the United States. True or False
False
Compared to Britain, where much public policy is determined by the administrative actions of the bureaucracy, German public policy is determined by the legislature. True or False
False
Like the United States, Canada, and Austria, Germany is a federal republic. True or False
True
Wealthier German states that generate more tax revenues are allowed to keep their public revenues to assure an environment of competition and initiative among the Lander governments. True or False
False
The German party system encourages politicians to begin their careers at the local and state levels. True or False
True
Almost all Germans are disgusted with the fact that many museums, theater companies, television and radio networks, recreational facilities, and housing complexes are publicly owned, believing that the government has no business engaging in such activities. True or False
False
The German legal tradition is based: a) more on the Anglo- Saxon principles allowing for an adversarial relationships between contending parties where the court merely provides the arena, b) on judges serving solely as independent arbiters among contending parties, c) more on a codified tradition with roots in Roman law and the Napoleonic code, d) on limiting the authority of the courts to stay away from interpreting the German constitution.
c) more on a codified tradition with roots in Roman law and the Napoleonic code
This court was a postwar creation in order to safeguard the new democratic order and deal directly with matters affecting the Basic Law: a) Supreme Court, b) Special Constitutional Court, c) Court of the Chancellery, d) The Apex Court.
b) Special Constitutional Court
Which level of the court system in Germany serves as a corrective balance to the arbitrary power of the state bureaucracy? a) The Special Constitutional Court, b) The Criminal-Civil System, c) The Federal High Court, d) The Administrative Court.
d) The Administrative Court.
When do state elections occur in Germany? a) staggered four-year cycles, which generally coincide with federal elections, b) every 2 years to assure greater accountability, c) staggered four-year cycles, which generally do not coincide with federal elections, d) every six years to assure greater independence from federal elections.
c) staggered four-year cycles, which generally do not coincide with federal elections
What is one of the problems cited involving the Basic Law and state governments? a) The Basic Law did not specify which powers were reserved for the federal level and which for the states, b) The Basic Law has given too much power to the states at the expense of the central authority, increasing gridlock and conflicts, c) The Basic Law has essentially tied the hands of state governments whenever an issue arises that pits each state against another state, d) In the 60 years of Federalism, there has not been any significant conflict among the states and the federal government.
a) The Basic Law did not specify which powers were reserved for the federal level and which for the states
