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#3Deutschland ist ein Rechtsstaat. Was ist damit gemeint?

Germany is a constitutional state. What does that mean?

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The correct answer is:

All residents and the state must adhere to the laws.

Alle Einwohner / Einwohnerinnen und der Staat müssen sich an die Gesetze halten.

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Quick explanation

In a state governed by law, public authorities are also bound by the law.

Why is this correct?

The rule of law means that residents and the state must follow the applicable law rather than act arbitrarily.

Background

The rule of law means that the law stands above everyone – above the residents, but also above the state itself. The government, authorities and police may only act if a law allows it (Article 20(3) of the Basic Law). Anyone who feels treated unfairly by an authority can take the matter to an independent court. This protects against arbitrary decisions, because no office and no politician is above the law.

Why are the other answers wrong?

A state that does not have to obey the law would be the opposite of the rule of law. Laws apply to everyone in Germany, not only to Germans. And courts do not make laws: that is the job of the parliaments (Bundestag, Bundesrat, state parliaments). Courts apply the laws – this is called the separation of powers.

Memory tip

Rule of law = the law applies to everyone, including the state.

Legal basis: Art. 20 Basic Law (GG) ↗

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