The Powers of the Federal States : Germany :: Facts About Germany

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The Powers of the Federal States : Germany

The Federation’s jurisdiction is confined to the Federal Constitutional Court and the supreme courts, which ensure the uniform interpretation of the law. All other courts fall within the ambit of state jurisdiction. As’mentioned above, the states can fill in any gaps left by federal legislation or in areas not specified in the Basic Law. Thus they are responsible for education and culture almost in their entirety as a manifestation of their “cultural sovereignty”. They are also responsible for local government law and the police.

The real strength of the states lies in their participation in the legislative process at the federal level through the Bundesrat. All internal administration lies in their hands, and their bureaucracy implements most federal laws and regulations. Thus state administration is threefold: It handles matters that fall exclusively within its jurisdiction (schools, police and regional planning/ for example); it implements federal law on its own responsibility (planning for building projects, trade and industry, environmental protection); and it app’ie federal law on behalf of the Federation (constructs of national highways and promotion of training, for instance).

Thus in the course of its development the Federal Republic has become a country in which most laws are enacted centrally while the bulk of legislation is administered by the federal states.

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