The Bundesrat : Germany

The Bundesrat represents the sixteen federal states and participates in the legislative process and administration of the Federation. In contrast to the senatorial system of federal states like the United States or Switzerland, the Bundesrat does not consist of elected representatives of the people but of members of the state governments or their representatives-Depending on the size of their population, the statfs have three, four, five or six votes which may only ” cast as a block.

More than half of all bills require the formal approval of the Bundesrat, which means that they cannot pass into law against its will. This applies especially to bills that concern vital interests of the states, for instance their financial affairs or their administrative powers. No proposed amendments to the constitution can be adopted without the Bundesrat’s consent (two-thirds majority). In all other cases the Bundesrat only has a right of objection, but this can be overruled by the Bundestag. If the two houses of parliament cannot reach agreement a mediation committee composed of members of both chambers must be convened, which in most cases is able to work out a compromise.

In the Bundesrat state interests often override party interests; voting thus may not reflect party strengths in the Bundesrat. This points to an active federalism. The Federal Government cannot always rely on a state government where the same party is in power to follow !ts lead in every respect, for each state has its own special interests and sometimes takes sides with other states who pursue the same aim, irrespective of the party they are governed by. This produces fluctuating IJajorities, and compromises have to be made when [he parties forming the Federal Government do not nave a majority in the Bundesrat. e Bundesrat elects its president from among the m|nister-presidents of the federal states for a twelvemonth term according to a fixed rotation schedule. The /esident of the Bundesrat exercises the powers of the residt e Bundesrat exercises the powers of the eral President in the event of the latter’s indisposition.