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Separation of powers: legislative, executive, judicial

In short: Separation of powers divides power in the state into three areas: lawmaking (legislative), execution (executive) and adjudication (judicial). They thus check each other.

In more detail: The principle goes back to Montesquieu (1748) (aufklaerung-vernunft-und-freiheit).

In detail

  • Legislative: The Bundestag (and Bundesrat) pass laws.
  • Executive: The federal government and administration carry them out.
  • Judicial: Independent courts, headed by the Federal Constitutional Court.
  • Control: Courts review laws and administration; parliament scrutinises the government.
  • Interlinking: In Germany government and parliamentary majority are closely linked.
  • Independence: Judges are subject only to the law.
  • Fourth estate: Media as a critical public (pressefreiheit-und-meinungsfreiheit).
  • Protection: Prevents abuse of power (demokratie-grundlagen).