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- Author: Geoffrey K. Roberts x
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This book offers an overview of the principal features of the German political system. It emphasises four important characteristics of the system: the way in which twentieth-century history shaped the post-Second World War political system; the stability and adaptability of that system; the unusual importance within the political system of legal rules; and the significance of Germany's association with European integration. The book surveys the Basic Law, designed in 1948-1949 as a direct response to the failure of Germany's first experiment with democracy: the regime of the Weimar Republic. The book describes the events of the fateful years 1989 and 1990, which led to reunification, in three phases: the downfall of the old regime in the German Democratic Republic; the period of adjustment and transition to a democratic regime in Germany; and the process and consequences of reunification itself. The book also examines the principal influences which have shaped the present-day political system, the electoral system and electoral behaviour of the Federal Republic, and the features of the 'party state'. It reviews the structure, operation and political effects of Germany's particular version of federalism and analyses the core institutions of government. The structure and powers of the legislative chambers, the legislative process, and the role of the elected representative are also discussed. Finally, the book charts the path taken by West Germany to develop links to 'Europe', and explores the ways in which membership of what has become the European Union impinges upon the domestic politics of the Federal Republic.
Political parties play a highly significant role in the political system of the Federal Republic of Germany. The type of democratic system the Federal Republic enjoys has been called as 'party government', a concept which includes the ideas that parties give coherence and direction to government through their policy programmes. This chapter describes the role of German political parties and the legal context within which political parties must act. The party system of the Federal Republic prior to reunification in 1990 consisted of four parties: Christian Democrats; Social Democratic Party; Free Democratic Party and Greens. The chapter discusses the development and the structure of the party system. Reunification had a relatively small effect on the structure of the party system. Since the introduction of the Party Law of 1967, parties have to ensure that their organisational structures and procedures comply with the standards set out in that legislation.
The political system of the Federal Republic is sometimes described as 'chancellor democracy', because of the dominant role occupied by the chancellor in that political system. This chapter surveys the way in which the Basic Law provides the political instruments that permit the chancellor to play such a dominant role. It examines the constraints on the chancellor's political authority, such as those associated with the necessity to form governing coalitions, and discusses the roles of the cabinet and civil service, and other agencies within government. Compared to the chancellor, and in contrast to the situation in the Weimar Republic, the status of the federal president is very limited. The chapter presents a review of the office of federal president as a prelude to closer examination of that of federal chancellor. A detailed consideration of the process of forming coalition governments is also provided.
This chapter discusses the principles of the German electoral system, summarises the most important defining features of the German electoral system, and describes how this electoral system came into existence. The electoral system affects the type of government of the Federal Republic of Germany. The chapter discusses the effects of the electoral system on the party system and on government. The functions of the electoral system usually have been more concerned with adjusting the balances among the strengths of the parties than with changes of government. The chapter describes the two periods (1956 and 1966) when significant reform of the electoral system seemed likely to occur. It also examines the processes of electoral politics, including candidate selection and election campaigning, as well as German voting behaviour. The electoral system seems to have contributed to the stability and flexibility of democratic politics in Germany.
The historical background to the creation of the Federal Republic of Germany can be divided into five phases, which are discussed in this chapter. The unification of Germany as the Second Empire in 1871 is the first phase. The consolidation of the new German state and its involvement in the First World War is the second phase. The third phase is the foundation, development and downfall of the Weimar Republic. The fourth phase is the period of Nazi rule and the Second World War, and the fifth phase is the four-power occupation regime put in place following Germany's unconditional surrender in 1945. Even before the unconditional surrender of Germany in May 1945, the Soviet Union sent a group of German communists (who had spent the war in exile in Russia) into areas of eastern Germany to set up local administration and to prepare the way for the Soviet occupation regime.
This chapter describes the most important factors that have influenced the development of the political system of the Federal Republic of Germany. The factors are the Basic Law itself and the Federal Constitutional Court that is charged with the task of interpreting that Basic Law. The chapter considers the economy, the division of Germany and the 'cold war' and the political culture of the Federal Republic, as these played a role in countering any tendencies which might have led to a resurgence of extremism. Many of the decisions made by the Court have had direct significance for the institutions and processes of the political system. Political stability and the development of a democratic political system are held to depend upon a foundation of a prosperous economy. The political culture of the Federal Republic has of course influenced the development of the political system.
The name of the German state, the Federal Republic of Germany, indicates and emphasises one of its fundamental characteristics: its federal structure. This chapter describes the principal reasons for the development of the federal system in Germany. It discusses various Articles of the Basic Law that makes reference to the federal organisation of the political system. The most distinctive feature of the structure of German federalism, though, is the functional division which exists between the federal government and the Länder. To allow the political system to operate effectively in a federal state such as that of Germany, a network of institutions which foster co-ordination and co-operation is necessary. The chapter describes the functions of the most obvious institution of co-ordination, the Bundesrat, which participates influentially in the legislative process at the federal level. The reunification of Germany in 1990 offered a new opportunity to rationalise the federal structure.
This chapter describes the events of the fateful years 1989 and 1990, which led to reunification, in three phases: the downfall of the old regime in the GDR; the period of adjustment and transition to a democratic regime in Germany; and the process and consequences of reunification itself. The Basic Law contained its final provision Article 146, which would have involved the termination of both German states when a reunified Germany was created, under some new constitution. The employment of Article 23 avoided the need to create a totally new constitution for reunited Germany. The reunification of Germany is important to an understanding of the German political system for two reasons. It has changed the size of the Federal Republic of Germany and affected its political institutions. It has also affected the political agenda, so that new problems have arisen since 1990.
The majority of political institutions provided in the Basic Law, and the relations between them, have been profoundly affected by what the 'founding fathers' in Bonn perceived to be those flaws in the Weimar democracy which directly contributed to the rise of the Third Reich. The concept of 'combative democracy' exists in the Federal Republic of Germany precisely because of the causes of the rise of Hitler and the Second World War. Political education, the role of the Office for the Protection of the Constitution, the 'radicals decree' and other measures associated with 'combative democracy' are put in place to prevent the re-emergence of Nazism. From the 1970s onwards, the wave of 'new politics' activity increased in significance. Local and regional 'citizen initiative groups' took action to block projects likely to damage the local environment or to promote projects to provide better public amenities.
The creation of Land legislatures was of great relevance for the design of parliamentary structures for the new Federal Republic in 1949. This chapter describes the structures of the two chambers of the legislature of the Federal Republic: the Bundestag and the Bundesrat. The Bundestag, the lower chamber of the legislature of the Federal Republic of Germany, operates under relevant provisions of the Basic Law and under legislation such as the Electoral Law and the Party Law. The Bundesrat (Federal Council) is the most powerful second chamber in western Europe. It imports the 'federal' element to the legislative process, alongside the Bundestag's representation of the national 'popular' element. The chapter analyses the ways in which the functions of the legislature are carried out and examines the social composition of the Bundestag in relation to its representative function.