This explains why the Basic Law makes it possible for the Federal Constitutional Court to ban political parties that seek to damage or destroy the country’s democratic system. The constitutional decision in favor of a federal state implies that not only the country as a whole but its 16 constituent parts, the Lander, have some of the features of a state. Each has its own powers, though they are restricted to certain spheres, which it exercises through its own legislature, executive and judiciary. Public responsibility has been apportioned in such a way that law-making is actually predominantly in the hands of the central state, the Federation, whereas the constituent states are primarily responsible for administration, in other words, implementation of the laws. This division of responsibilities is an essential element of the system of separation and balance of powers provided for in the Basic Law.

At the heart of the constitutional state established under the Basic Law is the concept of the rule of law. An essential element of its realization is the separation of powers. The exercise of public authority has been entrusted to parliament, government and the judiciary, each of which is independent of the others. The significance of this separation of powers is that the power of the state is qualified by mutual checks and balances. It thus protects the individual’s freedom. A second key element of the rule-of-law principle is that all action by the state is strictly bound by the law. This fundamental concept of the lawfulness of administration stipulates that the executive may not contravene the law in force, especially the constitution and the laws of the land (primacy of the law). Furthermore, encroachments upon an individual’s rights or personal liberty are only permissible on the basis of a law (proviso of the law). Any action by the state may be examined by independent judges as to its consistency with the law if the person or persons affected take the matter to court.