Midterm assignment of the Constitutional Law

Made by Iskender Bektenov – 21060661

Germany as a federal State
- Providing a short introduction on the historical motives and background in that State to adopt
a federal system,
- Indicating the state-type-related articles in the constitutions and/or constitutional documents
of that State,
- Comparing that state’s particular federal system to the theoretical requirements of a
contemporary federal state, and
- Where possible, providing information on the state-type-related debates, issues, and crises.
Introduction
Germany’s federal system was established after World War II as part of the country’s efforts to
reconstruct itself. The country has a long and complex history that has shaped its political,
economic, and social structures. This essay aims to examine the historical motives and
background that led to the adoption of a federal system in Germany, the state-type-related
articles in the constitution and other constitutional documents, how the German federal system
compares to the theoretical requirements of a contemporary federal state, and state-type-
related debates, issues, and crises.

Historical Motives and Background

Germany has a long tradition of regionalism, which has contributed to a complex and
fragmented political space. Before the unification of Germany in 1871, the country was made up
of dozens of independent states, each with its own government and legal system. This
decentralization of power was seen as a way to prevent any one state or region from becoming
too dominant, but it also made it difficult to create a unified national identity.
Following World War II and the subsequent division of Germany into two separate states, the
need for a stable and democratic system of governance became increasingly urgent. The federal
system was chosen as a way to address the historical regional differences and power struggles
that had contributed to the country's instability in the past. By decentralizing power and
allowing for greater regional autonomy, the hope was to create a more stable and democratic
system of governance.

State-Type-Related Articles in the Constitution

The German federal state is governed by the Basic Law (Grundgesetz), which was adopted in
1949. The Basic Law sets out the framework for the federal system, including the distribution of
powers between the federal government and the states. Article 20 of the Basic Law establishes
the principle of federalism, stating that the German state is "a democratic and social federal
state." Article 30 outlines the division of powers between the federal government and the
states, while Articles 70-74 outline the areas of legislative responsibility for each level of
government.
The Basic Law also establishes several key principles that are fundamental to the German
federal system, including the rule of law, the protection of individual rights and freedoms, and
the separation of powers. These principles reflect the country's commitment to democracy,
human rights, and the rule of law, and are essential to maintaining a stable and effective federal
system.

Comparing the Federal System to Theoretical Requirements

The German federal system meets many of the theoretical requirements of a contemporary
federal state. It has a written constitution that establishes the framework for the distribution of
powers between the federal government and the states, and it has a system of courts to resolve
disputes between the different levels of government. However, there are some areas where the
system falls short. For example, the states do not have the power to amend the Basic Law,
which is the exclusive domain of the federal government. This limits the ability of the states to
shape the overall direction of the federal system.
Another area where the German federal system differs from some other federal systems is in
the level of autonomy granted to the states. While the German states do have a degree of
autonomy in areas such as education, culture, and policing, they do not have the same level of
autonomy as some other federal states. This is partly due to historical factors, such as the legacy
of regionalism, but it is also a reflection of the country's commitment to maintaining a strong
and effective central government.

State-Type-Related Debates, Issues, Crises, etc.

The German federal system has faced many debates and issues over the years. One of the most
contentious issues has been the distribution of financial resources between the federal
government and the federated states. The federal government is responsible for collecting most
of the taxes, and then redistributing them to the states according to a formula that takes into
account a variety of factors such as population, economic strength, and infrastructure needs.
However, some federated states have argued that the current formula is unfair and that they
are not receiving enough funding to meet their needs.
Moreover, the federal system of government is not without its flaws. One area where the
German federal system falls short of some other federal systems is in the level of autonomy
granted to the states. Although the states have a degree of autonomy in areas such as
education, culture, and policing, they do not have the same level of autonomy as some other
federal states. This is partly due to historical factors, such as the legacy of regionalism, but it is
also a reflection of the country's commitment to maintaining a strong and effective central
government.
Another area of contention in the German federal system is the balance of power between the
federal government and the federated states. Some argue that the federal government has
become too dominant and that the federated states are losing their autonomy and ability to
shape policy. On the other hand, others argue that the federal system is working effectively and
that the balance of power is appropriate. The current crisis surrounding the COVID-19 pandemic
has put this debate back in the spotlight, as some federated states have criticized the federal
government for its handling of the crisis and have called for more autonomy in decision-making.
Despite these debates and issues, the German federal system has proven to be an effective and
stable system of governance. It has faced several crises over the years, including the refugee
crisis and the COVID-19 pandemic, which have tested its ability to respond quickly and
effectively to rapidly changing circumstances. However, the system has been able to weather
these challenges and maintain its stability.

In conclusion, the German federal state has a long and complex history that has shaped its
political, economic, and social structures. The adoption of a federal system was seen to address
the historical regional differences and power struggles that had contributed to the country's
instability in the past. The state-type-related articles in the constitution establish a framework
for the distribution of powers between the federal government and the states and reflect the
country's commitment to democracy, human rights, and the rule of law.
The German federal system has proven to be an effective and stable system of governance,
despite facing several debates, issues, and crises over the years. The system has been able to
weather these challenges and maintain its stability. However, the federal system of government
is not without its flaws, and ongoing debates and issues surrounding the balance of power
between the federal government and the federated states will continue to shape the country's
political landscape in the years to come.
Overall, the German federal system serves as an example of how a federal system of
government can be used to address historical regional differences and power struggles and
provide a stable and effective system of governance. As such, it serves as a model for other
countries looking to implement a federal system of government and highlights the importance
of democracy, human rights, and the rule of law in maintaining a stable and effective federal
system.