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The International Journal of the Royal Society of Thailand
Volume XII, 2020

established a system of checks and balances. This starts with clear distinctions
between the legislative, executive and judicial powers. However, the constitution
also protects the rights of the press as unofficial fourth power. Civil servants

have strong protection from their “political masters”. The armed forces are put
under very strict civilian control and minority rights are explicitly protected
from the “tyranny of the majority” – a problem already diagnosed clearly by
Alexis de Tocqueville in his writings on democracy much earlier.

In addition, the Grundgesetz reorganized Germany with strong regional
states (Länder) and communes (Städte und Gemeinden). They all have their
respective parliaments, independent sources of finance and responsibilities.
This form of Federalism was also favored by some victorious nations after
1945 in order to prevent a strong centralized state. Despite all its complications
it has turned out to be the opposite: Taking government closer to the
people and allowing for regional diversity so far has proven to be a very
attractive model. Despite all shortcomings, Federalism has kept a very diverse
country together and allowed for some healthy competition amongst different
“Länder”.

The guardian of the Grundgesetz – the Constitutional Court

Democracy is much more than casting a vote in regular intervals. It needs
to be complemented by the Rule of Law, protecting the weak from the strong
(including from the state) while guaranteeing equal rights for all citizens.
The independence and trust of the judiciary are crucial for this, as there is a
hunger for justice equally strong to the hunger for food.

Germany’s constitution set up a powerful Constitutional Court in the
southern city of Karlsruhe. It has the right to check all legislation for compliance
with the constitution and its principles. It has challenged many decisions from
parliament and the government. Karlsruhe sees itself as a “citizens’ court”,
as individuals have the right to file complaints since 1969. Obviously,
it will take an important matter in order for the Constitutional Court to
accept the case. But the Court plays a crucial role in the necessary balancing of
different constitutional rights. It continues to enjoy a high level of trust by the

general population.

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H.E. Georg Schmidt

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