German Federalism

1
German Federalism

• Class 10
• Sept 22 2008

2
Separation of Powers

• Compare Germany with other constitutional systems

3
Separation of Powers

• GAnd an ewaltenteilung separation of powers
  (Art. 20(2) GG)
• The Basic Law allocates different tasks to
  legislature, executive and judiciary
• Certain institutions are delegated as legislative
  (e.g. Bundestag and Bundesrat), executive
  (Bundespräsident, Federal Government) and
  judicial (Federal courts, including
  Bundesverfassungsgericht (Federal Constitutional
  Court))

4
Bundestaat

• Federal State (Art. 20(1) GG).
• The decision to make Germany a federal state was
  grounded in historical experience it was an
  attempt to prevent a repeat of any government
  similar to the centralized Nazi dictatorship.
• Art. 30 gives the Federation powers only where
  specifically enumerated, although through
  amendments to the GG there has gradually been a
  shift in the balance of power toward the
  Federation.
• The fear of a centralized German state leading to
  dictatorship led the drafters of the GG to limit
  the legislative powers of the Bundesstaat to
  situations specifically enumerated by the GGgt In
  some cases the Bundestaats power to legislate is
  exclusive, in others, concurrent, with the lander
  and sometimes it has the power to pass skeleton
  legislation.

5
Bundestag As 38-48 GG

• Highest constitutional organ in Germany and one
  of 2 chambers of Parliament.
• Legislative body directly elected by the German
  people
• 614 Representatives now they serve a 4 year term
• The electoral system is a combination of
  proportional representation and direct election
  this mixed system was designed to ensure that
  there are not too many minority parties in the
  Bundestag, because situation this had assisted in
  the rise of National Socialism in the Weimar
  Republic.
• Mixed member proportional system Electors cast 2
  votes one for member from his/her constituency,
  and the second for the Land list
  (majority/proportional voting) 299 constituency
  299 party 16 overhang
• Elects Chancellor (Arts. 63, 67 and 68 GG)

6
Political Composition of the Bundestag

• When was the last Bundestag election?
• How many political parties have seats? Which
  parties? What percentage of members?
• Note to obtain representation in the Bundestag,
  it is necessary for a party to have at least 5
  of the Land list votes and win seats in at least
  3 constituencies.

7
Bundestag last election Sept 18, 2005
8
Upper House of German Parliament Bundesrat As
50-53 GG

• What does it do? Compare it to the Australian,
  Canadian, and United States Senates

9
Current Chancellor Angela Merkel (CDU)

• Ossi background
• Chairman of CDU since 2000
• Protestant
• Nickname Iron Lady (invoking Margaret Thatcher)
• Became Chancellor in 11/2005 after a deal
  following 9/2005 Grand Coalition CDU/CSU/SPD

10
Eternity Clause

• How does it safeguard federalism?
• Other safeguards federal comity, appointment of
  judges

11
Residual Powers

• A 30, A 70
• Compare to U.S. and Canada

12
Federalism Reform

• 2006
• Grand Coalition
• A 71, 73 exclusive powers
• A 72, 74, 74a concurrent powers
• A 75 framework powers
• A 91a
• A91b

13
Interpretation by FCC

• How broadly has the FCC interpreted federal power
  in Germany? Compare to US and Canada
• How is FCCs interpretation attributable to
  Bundesrat, if at all?