What role does the Federal Constitutional Court play in Germany’s government?

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The Federal Constitutional Court (Bundesverfassungsgericht) serves as the guardian of Germany’s Basic Law, ensuring that all government actions, legislation, and judicial decisions align with the country’s constitution. Established in 1951, the court was designed to prevent the unchecked federal power seen during the Nazi era.1

Its primary roles and functions include:

  • Judicial Review: It is the only court in Germany with the authority to declare statutes unconstitutional. It exercises both concrete judicial review—where lower courts must refer questions of constitutionality to it—and "abstract" judicial review, allowing governments or a minority of the Bundestag to challenge a law even before it takes effect.1
  • Protecting Rights: Any individual may file a constitutional complaint if they believe their basic rights have been infringed.1
  • Political Oversight: The court may order the dissolution of political parties if it determines their aims or methods conflict with the democratic order.1
  • Arbitration and Impeachment: It settles disputes between the federal government and the states (Länder) and serves as the court for the impeachment of the president or judges.1

The court is composed of 16 judges elected by the Bundestag and Bundesrat, and its decisions are binding on all other state and federal institutions.1