Political System of Germany

Political system.

The Federal Republic of Germany is a federal

state created by the German Federal Constitution

(Grundgesetz, Art. 20 (1)). Germany consists of

16 states (LÐ'„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 (Christian Democratic

Union), and the SPD (Social Democratic Party).

Others of lesser significance in terms of their

representative strength in parliament are the FDP

(Free Democratic Party) and the Greens

(Alternative-List). Within the last few years

right-wing political parties have also gained in

strength.

While the Penal Code, Strafgesetzbuch, herein

referred to as the StGB, and the Code of Criminal

Procedure StrafprozeÐ"ÐŽordnung, herein referred to

as the StPO, are federal codes, making their

application consistent nationwide, the

administration of the criminal justice system

(police, courts and correctional institutions) are

matters left to the individual states. 1 Special

state laws govern the regulation of police matters

as well as the prosecution of cases. 2 German

law requires the prosecutor to play a neutral

role. The prosecutor is obliged to consider

evidence which will both incriminate and exonerate

the accused. The appointment of judges also

differs from state to state, keeping within the

concept of state autonomy in regards to criminal

and juvenile justice administration. (Karstedt,

1992).

2. Legal system.

Laws are created by the Bundestag or Lower

House of the German parliament. The upper house

(Bundesrat) is a representative body of the states

based on their population. The upper house must

approve the laws made by the lower house and has

veto power in matters concerning the states (for

instance, taxes). The legal system is guided by

federal laws which apply nationwide. Those

specifically applicable to the criminal justice

system are the Penal Code (StGB) and the Code of

Criminal Procedure (StPO). Other laws which

concern the criminal justice system are the

BetÐ'„ubungsmittelgesetz or BtMG (drug statutes),

the BetÐ'„ubungsmittel-Verschreibungsverordnung

(drug prescription regulation)