I talk about Germany's system of government from executive to legislative and how elections work in the country.

1. Post author By Charlie October 15, 2020
The Government System of Germany
theweeklyrambler.com/the-government-system-of-germany/
Germany is a country located in
western-central Europe and is
bordered with Czechia, Poland,
Austria, Switzerland, France,
Luxembourg, Belgium and the
Netherlands, it also has a coast along
the North Sea and Baltic Sea. The
capital city Berlin is located close to
the Polish border.
Like many European countries,
Germany has a long and complex
history that is well documented. The
area that is today Germany had been
inhabited by numerous Germanic
tribes in the earliest known times and
a region called Germania was
documented before AD 100. During
the 10 Century the German territories alongside others made up the Holy Roman
Empire, a territory that had vast influence over Europe, its borders had many changes
over its existence. In the 16 Century the Northern German regions became
the centre of the Protestant Reformation.
The Holy Roman Empire dissolved in 1806 after the Napoleonic Wars and in 1815 a
German Confederation was formed, which also included parts of modern-day Austria,
Switzerland, Belgium, Croatia, Czechia, Italy, Liechtenstein, Luxembourg, the
Netherlands, Poland and Slovenia. The confederation was viewed as mostly loose and
ineffective. Revolutions from 1848-49 attempted to transform the Confederation into a
unified German federal state, the revolutions did lead to the temporary end of the
Confederations ruling body, but was reversed when Austria, Prussia and other states
crushed the revolutions.
As a result of the Kingdom of Prussia winning the Seven Weeks’ War against the
Austrian Empire the Confederation was dissolved and a new North German
Confederation was created which included the eastern portions of Prussia, this
confederation would eventually transform into the Prussian-dominated German Empire
in 1871.
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2. The result of the 1 World War saw the end of the German Empire and a revolution that
overthrew the constitutional monarchy and implemented a federal republic called the
Weimar Republic. The rise of Hitler and the Nazis to power in 1933 lead to the seizure
of territories such as the Rhineland and the Sudetenland in Czechoslovakia and the
eventual invasion of Poland that would trigger the 2 World War in which Nazi
Germany dramatically expanded through much of Europe by seizing and occupying
many nations and allying with Fascist Italy and Japan against the Allies and also
eventually against the Soviet Union after a short non-aggression pact with them.
With both Allied and Soviet forces crashing in on Nazi Germany from both sides, the
war machine that at first seemed unstoppable begun to collapse until both the Soviets
and Allied forces then pushed into the German state itself, with the Soviets seizing
Berlin and Hitler committing suicide, bringing Nazi Germany to an end and dividing the
German nation and capital up into East and West Germany/Berlin, one held by the
Allied nations excluding the Soviets and the other held by the Soviets and thus the Cold
War begun.
West Germany was seen as more free, fair and democratic than the East which was
controlled by a hardline communist government propped up by the Soviet Union and a
part of the Communist Eastern bloc of nations. Setbacks and reforms introduced by the
Soviets during the Cold War and the eventual collapse of Communism and path towards
collapse of the Soviet Union itself led to the fall of the Berlin Wall and reunification of
West and East Germany into one federal German nation.
Germany is one of the founding members of the European Union and a member of the
NATO alliance. The official language is German and the largest religion is Christianity,
with a slightly larger number of Protestants over Roman Catholics. Like many EU
members Germany uses the Euro as its currency. Germany’s population is the
2 largest in Europe behind Russia, with it having a population of about 83,857,268.
Government Type
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3. Germany Coat of Arms.
Germany is a federal republic of states with a federal government that includes a
President as Head of State and a Chancellor as Head of Government. The President’s
position is largely ceremonial with the Chancellor seen as the main ruler and holder of
power. There is also a bicameral federal parliament that makes up the legislative
government which includes the Bundestag (lower chamber) and Bundesrat (upper
chamber). Multiple parties are allowed. Parties going against democracy and/or the
existence of the Federal Republic of Germany are not allowed.
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4. Since Germany is a federation of states, each state also has its own constitution, state
governments and legislatures, they can make their own state laws but must keep in line
with the federal constitution and federal laws. Referendums can be used to change
states such as via the creation of a new state or vice versa. Germany is currently made
up of 16-states, which includes three city-states, Hamburg, Bremen and Berlin. When it
comes to legislating there are areas that come under the federal government, meaning
states cannot legislate on them, areas that are exclusively under state legislation, which
the federal government cannot interfere with and then concurrent legislation in which
federal legislation takes precedence over state legislation if such legislation exists vice
versa.
The Federal Government can become involved with state affairs if they fail to follow
Basic Law and obligations, the Federal Government seeks approval from the Bundesrat
(upper chamber of federal parliament) to intervene.
The Executive Government
Office of the Federal Chancellor. Photo by Martin Künzel from Wikimedia. CC BY-SA 3.0.
Source.
The President is Head of State. The Chancellor is Head of the Federal Government.
The President, Executive Powers and Duties
The Orders and directions of the President will only have effect with the counter-
signature of the Federal Chancellor or a competent Federal Minister. There are a small
select few powers this does not apply to such as the appointment/dismissal of the
Federal Chancellor under the conditions of the constitution, the dissolution of the
Bundestag under Article 63, or a request made under paragraph 3 of Article 69.
It is the duty of the President to represent the Federation for the purposes of
international law and to conclude treaties with foreign states, the President accredits
and receives envoys. Treaties that regulate political relations of the Federation or relate
to federal legislation require consent or participation, through federal legislation, of
such bodies responsible.
Except where otherwise provided by law, it is the job of the President to appoint and
dismiss federal judges, federal civil servants, and commissioned and noncommissioned
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5. officers of the Armed Forces through the procedures provided for by the Constitution
and federal law.
The President or Chancellor can demand the Bundestag (lower chamber) to convene at
an earlier date outside of normal session.
The President nominates the Chancellor and eventually appoints a Chancellor or
dissolves Bundestag for fresh elections if decision cannot be made.
The President can make pardons for the Federation.
Presidential Absence
If the President cannot perform duties or the office falls prematurely vacant then the
President of the Bundesrat (Upper Chamber of Federal Parliament) will exercise the
powers of the Federal President.
Presidential Impeachment and Removal
The Bundestag (lower primary chamber of federal parliament) or the Bundesrat (upper
chamber of federal parliament) can move to impeach the President before the Federal
Constitutional Court for willful violation of the Constitution or any federal law. A
motion to impeach needs at least the support of one-quarter of the members of one or
the other chamber and to adopt impeachment requires a two-thirds majority of one or
the other chamber.
If the Federal Constitutional Court finds the President guilty of such charges then he
may be removed from office/stripped of exercising powers.
Chancellor and Federal Government
The Federal Government is made up of the Chancellor who is Head of the Federal
Government and the Federal Ministers who run the various departments and
institutions and deals with matters under their competence.
The Chancellor and Federal Government must maintain the confidence of the
Bundestag (lower and primary chamber of Federal Parliament) in order to remain in
power.
The Federal Government can order the Bundesrat (upper house of federal parliament)
to convene early.
Federal Ministers are proposed by the Federal Chancellor and then appointed by the
President. Federal Ministers are also dismissed by the President at the direction of the
Chancellor.
It is the duty of the Chancellor to determine and be responsible for the general
guidelines of policy. Within those limits the Federal Ministers shall conduct the affairs
of their department independently and on their own responsibility. It is the job of the
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6. Chancellor to resolves differences between the Ministers. The Chancellor conducts
proceedings of the Government via the rules of procedure that the Government adopted
and that were approved by the President.
The Federal Minister of Defence is the Commander-in-Chief of the country’s armed
forces, a stark difference to many other countries where the Head of State (in
Germany’s case the President) would usually be Commander-in-Chief.
One of the Federal Ministers is appointed as Deputy Chancellor by the Chancellor.
The Chancellor and the Federal Ministers hold their positions until a new Bundestag
convenes or until the Chancellor is dismissed.
Emergency Provisions
As usual emergency provisions exist if needed for reasons of exceptional circumstance,
which may limit certain rights and freedoms temporarily and also give special powers to
leadership figures, authorities and the Government. Such provisions include the State
of Tension and the State of Defence.
The Bundestag (lower and primary federal chamber) must give approval to a State of
Tension via two-thirds majority. Any legal provisions taken under such measures can be
rescinded by the Bundestag if it so chooses.
Legislative Emergency can be declared under certain conditions to more quickly pass a
piece of urgent legislation within a limited time period. This exceptional power enables
the Federal Government along with Bundesrat consent to overrule the Bundestag if it
rejects a piece of urgent legislation, and this legislation through the Federal President
and the consent of the Bundesrat can become law. This cannot be used to force through
constitutional change.
The Legislative Government
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7. Inside the Bundestag. Photo by Andreas Praefcke from Wikimedia. CC BY 3.0.Source.
The federal parliament is a bicameral one made up of the Bundestag which is the lower
and primary federal chamber and the Bundesrat which is the upper chamber and of
which has more of a focus on the German States and their representation in the
Federation.
It is the job of the Federal Parliament to have legislation introduced to it and to debate,
scrutinize, possibly amend and also either pass or reject the legislation. Legislation is
introduced into the Bundestag either by the Federal Government, or by the Bundesrat
(upper house of Federal Parliament) or by members of the Bundestag themselves.
Federal Government bills are first reviewed by the Bundesrat (upper chamber of federal
parliament) before being introduced to the Bundestag (lower primary chamber of
federal parliament) and they may ask for an extension and/or suggest amendments.
Bundesrat bills must first be reviewed by the Federal Government before they are
introduced to the Bundestag and the Federal Government may ask for an extension
and/or suggest amendments.
Federal legislation will first move through the Bundestag after the above process (if the
process is needed) and is in most cases passed or rejected by simple majority unless a
special majority to pass is required. If passed the legislation moves on to the Bundesrat
who can choose to object to the bill and suggest amendments, the Bundestag can
eventually overrule the Bundesrat on the passing of most federal legislation after several
objections (if the Bundesrat chooses to keep objecting up to the maximum numbers of
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8. times it can), each objections requires a different increased majority up to two-thirds
and each rejection of an objection requires a different increased majority up to two-
thirds.
The Bundesrat may call for a Joint-Committee to try and more adequately come to an
agreement on a piece of legislation.
If a piece of legislation requires special consent from the Bundesrat then the Bundestag
cannot overrule its decision.
All legislation is promulgated by the Federal President along with countersignature
from the Chancellor or Federal Minister concerned.
The Bundestag (Lower and Primary Federal Chamber)
The Bundestag currently has 709 members. Its control determines the Chancellor and
make-up of the Federal Government, coalitions of parties are almost always required to
make a working majority due to the mixed-voting system. The Bundestag keeps the
federal government and Chancellor in check and the federal government and Chancellor
must keep their confidence to remain in power.
There is a President of the Bundestag who is elected by the members of the Bundestag
after its parliamentary elections. The President of the Bundestag regulates debate and
makes sure the internal rules of the Bundestag are followed. The Bundestag also has
elected Vice-Presidents and secretaries. The Bundestag adopts its own rule of
procedure, like pretty much all parliamentary chambers of the world.
The Bundestag, if needed, may decide on the removal of a member for certain
violations, the member cannot be removed by external powers, interventions or
institutions. Decisions of the Bundestag can be challenged in the Federal Constitutional
Court. It is also the job of the Bundestag to scrutinize elections.
The Bundestag sets up Committees of members for its effective functioning that focuses
on various areas/issues. Such committee can require the presence of a member of
Federal Government. Members of the Bundesrat, Federal Government and
representatives may attend all sessions of the Bundestag and meetings of committees
and have the right to be heard at any time. Committees of Inquiry can be set up to
investigate matters of interest, setting one up requires a motion of at least one-quarter
of Bundestag members.
The Bundestag can express no-confidence in the Chancellor via a motion and then after
48-hours by electing a new Chancellor via an absolute majority and then requesting the
Federal President to dismiss the Federal Chancellor and appoint the newly elected one.
If a motion or issue of confidence was introduced by the Chancellor themself and they
lose, they can request the Federal President to dissolve the Bundestag within 21-days
and hold fresh elections. If the Bundestag elects a new Chancellor before the Federal
President dissolves the Bundestag then the President must appoint that new Chancellor
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9. instead of dissolving the Bundestag and calling fresh elections. At least 48-hours must
elapse after the motion before an election for a new Chancellor takes place in the
Bundestag.
The federal judges and members of the Constitutional Federal Court are elected by the
federal parliament, one-half by the Bundestag and the other half by the Bundesrat.
The Bundesrat (Upper Chamber of Federal Parliament)
The Bundesrat is the upper chamber of the federal parliament and its focus is on the
states of the federation and their representation in the federal parliament. The
Bundesrat currently has 69 members, these members are appointed and recalled by the
state governments, and how many they can choose is based on a population algorithm,
the members are changed based on state government changes, there is no single wide
election for all members like in the lower house and so the Bundesrat is continuous. The
Bundesrat works in a bipartisan fashion and is not organized into a
government/opposition.
The President of the Bundesrat is elected by its members for a one-year term. Once
again there are committees made up of members for the various functioning of the
Bundesrat, other members and representatives of state governments can serve on these
committees.
Members of the Federal Government have the right to participate in the meetings of the
Bundesrat and its committees and have the right to be heard at any time.
Joint-Committee
Members from the Bundestag and Bundesrat may come together in a joint-committee
for various reasons, such as coming to an agreement over some sort of deadlock. The
committee is made up of two-thirds of Bundestag members and one-third of Bundesrat
members. It adopts its own rules of procedure which are adopted by the Bundestag and
given consent to by the Bundesrat.
Members of the Bundestag are chosen in proportion to the relative strength of the
various parliamentary groups. Bundesrat members are chosen by the state
governments.
The Electoral System
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10. Image by Botaurus-stellaris from Wikimedia. CC BY-SA 3.0.Source.
Presidential elections happen every 5-years. The President is elected by a Federal
Convention made up of all the members of the Bundestag (the lower and primary
federal chamber) and also made up of an equal number of electors chosen by the state
legislatures. The President is elected by an absolute majority of the members of the
convention, if there is not an absolute majority in the first round, a 2nd round is held, if
again there is no absolute majority the President is chosen by simple majority in a 3rd
ballot.
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11. To be a candidate for President one must be a German citizen with the right to vote in
Bundestag elections and must be at least 40-years-old. The President must not be a
member of Government or of a legislative body of the Federation or a State. The
President cannot hold any other salaried office, cannot engage in trade or profession,
and cannot belong to a management or supervisory board of any enterprise that is
conducted for profit. The President can serve a maximum of two consecutive terms.
Parliamentary elections for the Bundestag (lower chamber of the federal parliament)
are held every four years. Members are elected via a mixed-member proportional
representation system, this is where members are first elected via a first-past-the-post
system in single-seat constituencies and then the rest of the seats are filled via party-list
proportional representation in a single nationwide constituency, this means voters get
two votes.
Candidates for the Bundestag must be at least 18-years-old and a German citizen.
The Federal Chancellor is elected by the Bundestag after Parliamentary Elections, the
candidate shall be proposed by the Federal President and requires an absolute majority
to be voted in as Chancellor, if a majority do not vote for the nominee, then within
fourteen days the Bundestag can elect a Chancellor via an absolute majority, if this still
fails then another election is held where a person who receives a majority of votes may
be become Chancellor, the Federal President will appoint such person if they have an
absolute majority, if they only have a simple majority the Federal President can still
choose to appoint them as Chancellor or they can choose to dissolve the Bundestag and
call fresh elections.
Members of the Bundesrat (upper chamber of federal parliament) are appointed and
recalled by state governments, the number appointed based on a population algorithm.
There is no wide-ranging term for all members and changes are based on state
government changes.
To vote in federal elections one must be a German citizen and at least 18-years-old.
Sources
The sources for this post come from Germany’s 1949 constitution with amendments
through to 2012 and so should be as up to date as possible but of course I may have
missed some things out and I may have misinterpreted some other things and of course
the constitution can be changed and so this may become outdated so if using this in a
serious capacity it is suggested to do cross-research.
Amendment to the constitution is proposed by the federal parliament and require a
two-thirds majority from both the Bundestag and Bundesrat to adopt. Articles on basic
human rights and freedoms cannot be amended.
Next up will be the government system of Ghana.
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