Fundamental Characteristics of the State : Germany

The body politic is based on the following principles: Germany is a republic and a democracy; it is a federal state based on the rule of law and social justice. Its republican system is constitutionally manifest in the name “Federal Republic of Germany” and in the fact that the head of state is the elected Federal President. A democracy is based on the sovereignty of the people. The constitution says that all public authority emanates from the people. Thus it opted for indirect, representative democracy; in other words, public authority must be recognized and approved by the people but they have no direct say in the exercise of that authority, excep in elections.

This responsibility is entrusted to the organs speciaNy established by the constitution for this purpose: tn legislature, the executive and the judiciary. The people mainly exercise their constitutional authority by periodically electing a new parliament. In contrast to some countries, provision for other forms of direct democracy, such as referendums, has been made only with regard to modifications of state boundaries. The authors of the Basic Law opted for an “adversarial” type of democracy, they having seen the Weimar Republic undermined by radical parties which were hostile to the constitution. In this context “adversarial” means that the free play of political forces must stop where any party or faction attempts to do away with democracy with democratic means.