Government
During 1949–90, there were two German nations: the Federal Republic of Germany (West Germany) and the German Democratic Republic (East Germany). East Germany's government, which was controlled by the Communist party, collapsed in 1989 and a democracy was established. A new government was elected in 1990. It opened negotiations with West German leaders regarding reunification. Leaders from both nations agreed that reunification would take place under the West German constitution, which provided for reunification on a state-by-state basis.
In preparation for reunification, the East German government reorganized the country into five states. In October, 1990, these five states became part of the Federal Republic of Germany and East Germany ceased to exist.
The constitution of Germany, called the Basic Law, describes Germany as a “democratic and social federal state.” It consists of 16 states. (See table on next page.) The federation has the powers expressed and enumerated in the constitution, while the states have all the other powers. There is also a field of concurrent powers in which both may legislate, but “federal law overrides state law.” The constitution shows a strong centralist tendency. But the federation uses state and local authorities to carry its laws into execution.
The Executive. The president is head of the state but has little power. He is elected by the Federal Convention, which consists of the Bundestag (lower house) and an equal number of members elected by the state legislatures. He is elected for a five-year term and may be reelected once.
The real power is in the hands of the chancellor, who is nominated by the president and elected by the Bundestag. The cabinet ministers are appointed and dismissed by the president on the proposal of the chancellor. The chancellor is responsible to the Bundestag, but it can dismiss him from office only by electing a successor at the same time. This provision gives the chancellor great power.
The Legislature consists of the Bundestag (Federal Assembly) and the Bundesrat (Federal Council). Bundestag members are elected in universal, direct elections for four-year terms. The Bundesrat consists of delegates of the state governments; each state has from three to five delegates, according to population, but each delegation votes as a unit. Laws are passed by the Bundestag, but the Bundesrat has a limited veto. The Bundesrat is a legislative and administrative body; it is not the equal of the Bundestag, but has considerable power.
The Judiciary consists of district, regional, and superior regional courts, with a Supreme Court at the federal level. There are also administrative, labor, social, and financial courts, and a special court to interpret the constitution.
State Government is organized on the principle of parliamentary democracy. The popularly elected legislatures have one chamber, except in Bavaria. Each state has a cabinet headed by a minister president.
The Military Services were reestablished in 1952. The Minister for Defense is commander of the armed forces, which consist of an army, navy, and air force. Parliament has strong control over military policy.
