Political System Of Germany
...Constitution
(Grundgesetz, Art. 20 (1)). Germany consists of
16 states (L„nder) each with their own
constitution. Articles 70 et seq. of the
constitution allocate legislative powers between
the federal government and the states. The
general rule is that a power not expressly granted
the federal government (expressed in Articles 70,
71 and 73 of the Grundgesetz) is retained by the
state, making the states relatively autonomous.
The federal government and the states have
concurrent jurisdiction (police powers, cultural
issues, local government matters, the application
of civil and criminal law). Federal laws
establish a framework for the individual states.
For instance, the federal law concerning the
correctional system and its administration
(Strafvollzugsgesetz) serves as a model to the
states. The states that have not adopted their
own correctional law use the federal law as their
guideline. If any conflict arises between a
federal law and that of a State (Article 31 of the
constitution) the federal law prevails. Germany's
Federal Constitutional Court, the highest court on
constitutional matters, has held that the States
have limited sovereign powers of their own that
are not derived from the powers of the
constitution.
Members of parliament and the chancellor are
elected officials. The chancellor defines the
country's political strategies. While the Federal
Republic of Germany also has a president who
serves as head of the state, this role more nearly
resembles that of a dignitary, with little
political power. However, the president does
maintain power to veto legislative bills. The
constitution,also referred to as the Basic Law,
divides the powers of the judiciary, legislative
and executive branches.
There are numerous political parties and
alliances in German politics. The two major
parties include the CDU...
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