German Political Institutions - In Depth Notes

The Basic Law

  • Not a full constitution, but a foundational document for democracy in Germany.
  • Intended to be a temporary framework until German reunification.

Key Positions in German Government

  • German President:
    • Ceremonial head of state.
  • Chancellor:
    • Head of government and executive branch.
    • Elected from the Bundestag (lower house of the German parliament).
    • Proposes legislation and resolves policy differences with the cabinet.

Structure of the Government

  • Cabinet:
    • Members sit in the Bundestag.
    • Equipped with over 500 employees to assist in policy coordination.
    • Policy implementation primarily occurs at the state level.

Chancellor's Powers and Responsibilities

  • Subject to a constructive vote of no confidence:
    • Unlike traditional no-confidence votes, a new government must be ready to replace the current one for it to fall.
    • This promotes stability and minimizes the influence of extreme parties.

Bundestag (Lower House)

  • Elected to 4-year terms via a mixed member proportional system:
    • Half of the seats from first-past-the-post elections in single-member districts.
    • The other half from proportional representation with a 5% threshold requirement.

Proportional Representation Explained

  • Voters select parties, not individual candidates.
  • Example ballot:
    • Republican
    • Democratic
    • Libertarian
    • Green

Example of Distribution using 5% Threshold

  • Election Results Example:
    • Republican: 42%
    • Democratic: 45%
    • Libertarian: 10%
    • Green: 3%
  • Seat Allocation:
    • Republicans: ~42% of seats
    • Democrats: ~45% of seats
    • Libertarians: ~10% of seats
    • Greens: 0 seats (below 5% threshold)

Implications of Proportional Representation

  • Duverger's Law:
    • Countries with plurality systems usually evolve into two-party systems.
    • Proportional representation tends to lead to multi-party systems.

Functions of the Bundestag

  • Members serve on committees; composition reflects party seat percentages.
  • Secret ballots enable votes against party lines.
  • Committees can amend but not heavily revise legislation from the Chancellor and Cabinet.
  • Bundestag members facilitate comprehensive constituency service due to significant staffing.

Bundesrat (Upper House)

  • Analogous to the American Senate; directly elected by the Länder (state legislatures).
  • Composed of 16 Länder with 3-6 votes per state based on size.
  • Limited powers regarding the cabinet's composition.
  • Can delay but not block legislation that does not impact states.

Supreme Role in Legislation

  • Must consent to state-affecting legislation.
  • Differences in bills resolved through mediation committees, akin to the U.S. conference committees.
  • Protects interests of Länder, showcasing Germany's federalism.

Constitutional Court

  • Comprised of two chambers or senates.
  • Judges serve a maximum of one 12-year term; appointed by Bundestag and Bundesrat (requires a 2/3 vote in both).
  • Ensures moderation in judicial appointments.
  • Possesses powers of judicial review:
    • Can declare laws unconstitutional (similar to U.S. courts).
    • Abstract review enables striking down proposals not permissible in U.S. courts.
  • Active in ruling on vast aspects of German life.

Corporatism in Germany

  • Business regulations typically decided in closed discussions involving stakeholders.
  • Codetermination Law: Unions hold half of the board seats in companies with over 2,000 employees, fostering collaborative relations between business and labor.

Bundesbank

  • Influential central bank in Germany,
  • Maintained strict monetary policy post-WWII to prevent inflation.
  • Served as a foundation for the European Central Bank.

Self-Assessment

  • Ability to describe institutional designs of contemporary Germany and compare them with those of the U.S., France, and U.K.
  • Understand the distinctions between first-past-the-post and proportional representation, and their impact on party systems.
  • Knowledge of the differences between votes of confidence and constructive votes of confidence.
  • Familiarity with the German policy of codetermination.