The correct answer is:
The state must abide by the laws.
Der Staat muss die Gesetze einhalten.
Independent study resource, not a BAMF website. Translations are study aids; the exam is in German.
Quick explanation
The rule of law means: the state must obey the laws.
Why is this correct?
The government, authorities and police are also bound by law and justice and can be reviewed by the courts.
Background
Under the rule of law, the law stands above everyone – including the state. Article 20(3) of the Basic Law binds the legislature to the constitution and the government, administration and courts to law and justice. If an authority acts against the law, those affected can go to independent courts. This is how the rule of law protects citizens from arbitrary action.
Why are the other answers wrong?
“The state is right” is exactly the wrong way round: the state is not automatically right, it has to follow the law. The German word “Recht” (law) in “Rechtsstaat” has nothing to do with right-wing parties. Citizens deciding on laws directly describes direct democracy – at federal level, however, parliament passes the laws.
Memory tip
Rechtsstaat does not mean “the state is right”, but “the state follows the law”.
Legal basis: Art. 20 Basic Law (GG) ↗
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