How Germany's rule of law safeguards democracy and justice for all

The Rule of Law in Germany's Basic Law

Article 20, Paragraph 3 of Germany's Basic Law (Grundgesetz) states: "Legislation shall be subject to the constitutional order; the executive and the judiciary shall be bound by law and justice."

Germany is a constitutional state governed by the rule of law.

In a state under the rule of law, the following principle applies: all individuals working for the state must comply with the law. This includes the Federal Chancellor, the Federal President, judges, and all government authorities and agencies. In a rule-of-law system, citizens can trust that the law applies equally to everyone—including the police and public officials.

An independent judiciary is another cornerstone of the rule of law.

In the courts, judges make the decisions. - They determine, for example, what penalty someone receives for theft. - They resolve disputes, such as conflicts between neighbors.

An independent judiciary means: - No one may dictate to a judge how they must rule. - However, judges must base their decisions on the law.

In a rule-of-law state, judges decide independently.

If someone is affected by a court ruling, they can usually challenge it. For instance, they might argue: "This decision does not comply with the law. I am filing an appeal."

What Does "Filing an Appeal" Mean?

The court has ruled that Ms. Winter must pay a fine. Ms. Winter disagrees with the fine. She can file an appeal, meaning she can request a review of whether the court's decision adhered to the law. If the ruling violated the law, Ms. Winter will not have to pay the fine.

Everyone has the right to legal representation in court.

Court procedures are complex, so people often need support. They require someone with legal expertise. Lawyers are trained in the law and assist individuals in court.

Democracy and the Rule of Law

The word democracy comes from Greek and means "rule by the people." The people—meaning all citizens—hold this power.

In a democracy, the people participate in decision-making through elections and referendums, shaping key aspects of the state. In Germany, for example, citizens elect the Bundestag (federal parliament).

For democracy to function, the rights of citizens must be upheld.

Germany's democracy therefore includes: 1. Independent courts—no one may instruct a judge on how to rule. 2. All state officials, including judges, must obey the law. 3. Fundamental rights apply, such as human dignity and freedom of expression. Freedom of expression means every person may voice their opinion.

The Right to Resist in Germany's Basic Law

Article 20, Sentence 4 of the Basic Law states: "All Germans shall have the right to resist any person seeking to abolish this constitutional order, if no other remedy is available."

Germany had a democracy over 100 years ago. The Nazis destroyed it, abolishing democratic principles through new laws. Citizens could no longer vote freely, the rule of law collapsed, and state-sponsored violence became widespread.

This must never happen again.

Today, Germany once again has independent courts. Sometimes, even state officials break the law. Independent courts can then hold them accountable.

Germany's highest court is the Federal Constitutional Court. One of its key responsibilities is safeguarding democracy, the social state, and the rule of law.

Threats to democracy, the social state, or the rule of law could come, for example, from new laws—such as a law abolishing judicial independence. If such laws are passed, the Federal Constitutional Court can declare them invalid. In this way, the Court protects democracy, the social state, and the rule of law.

Ordinary citizens can also help safeguard democracy, the welfare state, and the rule of law. They can, for example, take to the streets in protest or file lawsuits in court.

One day, the following might happen:

• The Federal Constitutional Court fails to uphold the rule of law, and independent courts no longer exist.
• Citizens can no longer protest or seek justice through the courts.

In such a case, people in Germany have the right to resist. That means they are entitled to oppose the regime.

This right is enshrined in the Basic Law.