Democracy and the rule of law
Demokratie und Rechtsstaat
After reading, you understand what kind of state Germany is, who holds state power, what parties do and when a party can be banned.
The rule of law
Germany is a state under the rule of law (Rechtsstaat). This means that all people living in Germany and the state itself must follow the laws (Gesetze). No one stands above the law, including state authorities.
A common misunderstanding: the rule of law does not mean that "the state is always right", and it has nothing to do with "right-wing" parties. What matters is that the state is bound by the law. Courts do not make the laws, and citizens do not decide each law directly.
An example from daily life: the police may arrest a person only for a reason set by law, for example because the person has committed a crime (Verbrechen). A private police force arresting people without a reason does not belong in a state under the rule of law.
In a democratic state under the rule of law, people may criticise the government and demonstrate peacefully. These are normal rights, not violations.
Form of state and the people's sovereignty
Germany is a republic (Republik). The head of state is not a king or a queen. So Germany is not a monarchy (Monarchie). It is also not a dictatorship (Diktatur), but a democracy.
The constitution describes Germany as a federal state (Bundesstaat) that is democratic (demokratisch) and social (sozial). A social state (Sozialstaat) means that the state cares for fairness and supports people who need help.
In a democracy, state power belongs to the people. This principle is called popular sovereignty (Volkssouveränität). The exact sentence is: all state authority comes from the people.
Power does not come from a king, from the Bundestag or from the Federal Constitutional Court. It comes from the people, who exercise it, among other ways, in elections (Wahlen).
Features of democracy and the three state powers
A democracy has clear features. There are regular elections (regelmäßige Wahlen), freedom of opinion (Meinungsfreiheit) and several different parties (Parteien).
Press censorship (Pressezensur) is not a feature of democracy. The press is not censored by the state.
State power in Germany is divided into three parts. The legislative (Gesetzgebung) (Legislative) makes the laws. The executive (Exekutive), meaning the government and administration (Regierung), carries out the laws. The judiciary (Rechtsprechung) (Judikative) is exercised by the courts.
The press (Presse) is very important for democracy because it informs citizens and can criticise. However, the press is not a state power. The word "Direktive" is not a state power either.
Parties and coalitions
In a democracy there is more than one party (Partei). The reason: citizens have different opinions, and each party represents some of them.
When no single party has a majority, parties work together to form a government. This cooperation is called a coalition (Koalition). Do not confuse it with a Fraktion, the group of members of parliament from one party, or with a ministry (Ministerium), which is a department of the government.
You should also know the full names of some well-known parties. CDU stands for Christlich Demokratische Union. CSU stands for Christlich Soziale Union. SPD stands for Sozialdemokratische Partei Deutschlands. FDP stands for Freie Demokratische Partei.
When a party can be banned
A party may propose a new direction or criticise the head of state without being banned. An expensive election campaign is also no reason for a ban.
A party can be banned when it fights against the constitution (Verfassung). For example: a party that aims to set up a dictatorship. Such a party is unconstitutional (verfassungswidrig). It is not tolerant, and it does not respect the rule of law.