SEPARATION OF POWERS IN GERMAN CONSTITUTIONAL LAW - SOME REFLECTIONS ON THE BASIC CONCEPT AND RECENT DEVELOPMENTS
SEPARATION OF POWERS IN GERMAN CONSTITUTIONAL LAW - SOME REFLECTIONS ON THE BASIC CONCEPT AND RECENTDEVELOPMENTS

Summary/Abstract: Separation of powers is a universal constitutional principle that is also an essential element of the rule of law in German constitutional law. The division of state functions secures freedom to a high degree and also guarantees that tasks are performed adequately and efficiently in the State. The case law of the Federal Constitutional Court in this regard is rich. A shift in the weightings intended by the constitution in the decision-making process of the state requires correction in order to satisfy the principle of the separation of powers. The restoration of the balance of powers can be achieved through jurisprudence or constitutional reform. In the practice of the Germany, the restoration of the constitutionally intended relationship between federal legislation requiring explicit consent of the Federal Council on the one hand and those exposed only to an overridable veto of this institution on the other hand should be emphasized as essential. The constitutional limitation of the executive's normative power is, furthermore, an example of an adequate distribution of functions between the administration and the legislature.

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