Lijphart
defines consensual democracies as having coalition cabinets, an
executive/legislative balance of power, multiparty system, proportional
representation, interest group corporatism, decentralized government
structures, strong bicameralism, constitutional rigidity, judicial review, and
central bank independence (1). Germany demonstrates this view of consensual
democracy almost perfectly in the German Basic Law.
Germany is
divided into 16 states, but there are no sharp distinctions between these state
levels of government and their powers at the state level (2). In addition to this balance of power between
all German state governments, there is a balance of power between the executive
branch and the legislature in that the Parliament has the ability of the vote
of no confidence (Article 67/68 for the German Chancellor) (3). This vote can
(by a majority) remove the Chancellor in favor of a replacement (3). If the
majority does not support this motion, the Federal Chancellor can move to
dissolve the Parliament within 21 days (21). This gives a balance and check of
powers between the executive and legislative branches of Germany according to
the German Basic Law. The separation of powers is detailed in Articles 70-73.
Elections
in Germany are based in proportional representation, with closed lists and
quotas. This means that voters chose a party list that has been pre-selected
for them at the polls. The quota (of 5%) is intended to eliminate small,
minority parties and encourage coalitions (4). Although this quota is intended
to limit representation for smaller parties and restrict fragmentation of
larger parties, proportional representation actually increases minority party
representation compared to single-member plurality elections, making it more
likely that a country will run on multi-party elections, as in the case in
Germany. Proportional representation, multi-party systems, and coalition party
systems are requirements for consensual democracies.
Similarly, multi-party systems are
more likely to have parliamentary systems. The German system of government is
Parliamentary, as alluded to above. The German President serves a ceremonial
role and is elected by a federal convention (Article 54). The powerful
executive in the German system of governance is the German Chancellor. This is
usually the head of the majority party of parliament/coalition (Article 63).
The legislative system of Germany
is also strongly bicameral, with an upper house (Bundesrat) and a lower house
(Bundestag). The German people elect members of the Bundestag, while the
Bundesrat is composed of members selected by state governments (5). The Basic
Law Articles covering the Bundestag and Bundesrat are 38-48 and 50-53
respectively.
In addition, the Basic Law also
specifically laws out a straightforward court structure with multiple courts and
an explicit power of judicial review, detailed in Article 100.
The preamble of the German Basic
Law is fairly short but straightforward. There is an emphasis to a dedication
to the commitment to a united Europe as well as a united Germany in peace. This
is demonstrated in the first 19 Articles of the Basic Law in which the Basic
Rights of citizens are detailed, demonstrating a dedication to peace, as well
as in Article 45 and 45a, in which the Bundestag develops a committee for the
EU and foreign affairs. There is also a dedication to the German people, which
can be seen in Article 116 which gives the
restoration of German citizenship to those who had been deprived during World
War II. This can also be applied to the Basic Rights detailed in the first 19
Articles.
1- LIJPHART CHAPTER 3
2- “French
and German Political Systems” http://businesscustomwriting.com/memo/553.html
3- German Basic Law
4- “The Five-Percent Hurdle- What is it?”
5- "The Federal Republic of Germany
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ReplyDeleteTaylor Gunderson
ReplyDeleteAs soon as I read the German Constitution’s preamble, I saw definite signs that the country supports consensual institutions. The preamble takes the time to list off each and every one of the countries states, called Lander. This was an immediate signal to me that the nation is federal and therefore, more decentralized. Article 20 of the Basic Law states that the Federal Republic of Germany is a democratic and social federal state (1). The constitution then goes on in Article 29 to clearly state that federal land is divided into Landers and that regard “shall be given…to regional, historical, and cultural ties” (1). Lijphart uses both federalism and decentralization as one of the elements found in consensual models (2). These lander all share power with the federal government, and they are a part of the processes of governing the nation.
I think there was a great deal of importance to the Germans in decentralizing the power of the government into these lander. This constitution was written after WWII in which Germany had suffered greatly. The German people had seen what a concentration of power could do and the damage it could inflict. By distributing this power, I think they were hoping to avoid future conflict due to a concentration of power in one place. This concept also strongly ties into the preamble where the “determination to promote world peace” is declared.
The German preamble very quickly establishes the federal nature of the state. This federalism ties into the desire to promote peace not just in Germany but also in Europe through the decentralization of power. With this in mind, it is possible to predict just from the preamble that Germany has consensual institutions. Therefore, like Shealyn, I can also conclude that Germany is consensual and not majoritarian.
1 - German Basic Law
2 - Lijphart Chapter 3
The preamble to the German Basic law is all inclusive; it is short and concise. It is clear from the preamble this the nation holds consensual institutions. It is inclusive and representative, “Germans in the Lander....This Basic Law thus applies to the entire German people” (1). In the aftermath of World War II, there was fear in centralized power, thus the source of authority in the preamble are “the German people” (1) who adopted it.
ReplyDeleteThis also applies to the judiciary system, which includes judicial review. Like mentioned above, German Basic law lays out an uncomplicated court structure with multiple courts and an explicit power of judicial review. Judicial review is a doctrine under which legislature and executive are subject to review by the judiciary. This gives the judiciary the power to invalidate government laws and decisions that do not comply with the rights given to the government or institutions by the constitution. It holds the government and the laws it passes accountable to the German people. This is also relevant in spreading the power throughout the different institutions, not concentrating all the decision making in one place. (2)
The judiciary system also has the authority to regulate political parties. In Article 21 of the German Basic Law, the Federal Constitutional court has the ability to rule political parties unconstitutional if “by reason of their aims or the behaviour of their adherents, seek to undermine or abolish the free democratic basis order or to endanger the existence of the Federal Republic of Germany shall be unconstitutional.” (1) This is supported by Article 93 of the German Basic Law where it outlines the role of the Federal Constitutional Court and to who it pertains. Article 94 ensures decentralization of power.
Taking into account the history of how the constitution was written and under the political conditions, the German Basic Law preamble agrees with the goals of the writers at the time. It is clear to see that stability and the decentralization of power were main objectives when drafting this document. Even from the preamble alone, we can see that Germany is consensual and is holds throughout the entirety of the constitution.
1- German Basic Law
2- Lijphart Chapter 3
As other members of my group stated previously, the German constitution is visibly and strongly consensual. In the preamble, the writers make it very clear that the constitution exists as an agreement of the people of Germany to unify as a federal state (1). The preamble mentions all 16 Länder by name, further acknowledging each region’s importance in the creation of the overall state. This preamble, emphasizing the power of Germany’s people and Regions, sets a strong precedent for a federalist system, which Lijphart considers a key part of the Consensus Model of Democracy (2).
ReplyDeleteWhile this commitment to strong regionalism and a weaker central government was partially a reaction to the Nazi party’s abuses of centralized power in World War II and the years leading up to it, it also makes sense in the context of German history further back. Up to the 1870s, Germany was loose collection of states with little central authority (3). Because of this, a federal system where local and regional governments share some power makes sense for the German Republic.
This principle of regional autonomy and consent to governance is enshrined in the German Basic law at many points, both in the preamble and in the articles that constitute it. While article 31 establishes the supremacy of federal law over Land Law, article 30 confirms the ability of Länder to exercise state powers, unless the Basic Law indicates otherwise (1). The Basic Law also dedicates article 28 to the autonomy of municipalities within the Länder (1). In this article, local municipalities are guaranteed the right to self-governance, as well as the right to “regulate all local affairs on their own responsibility.” At both the regional and local level, the people of Germany are entitled to self-governance, which is the hallmark of a Federal system. And it turn, this strong federalism is itself a hallmark of consensual governance (2).
1- German Basic Law
2- Lijphart, Ch. 3
3- ISSUES RELEVANT TO U.S. FOREIGN DIPLOMACY: UNIFICATION OF GERMAN STATES: https://history.state.gov/countries/issues/german-unification