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).