Rule of Law and Courts

This topic covers the rule of law, the separation of powers, and the court system. In a Rechtsstaat, everything the state does is bound by law, and citizens can challenge state decisions in court. Central to the test is the separation of powers: the three branches, legislative, executive, and judicial, are kept apart and check each other, so no single institution gets too much power.

A common trap: questions like to mix up which court is responsible for what. The Bundesverfassungsgericht checks whether laws comply with the Grundgesetz, it is not an ordinary court for everyday disputes. The independence of judges from the government also comes up often: courts decide independently, not on instructions from the executive.

It also matters that everyone has the right to have a state decision reviewed by a court, for example a notice from an authority. This right to judicial review is itself set out in the Grundgesetz and applies regardless of whether the person affected holds German citizenship.