Question 3: Germany is a constitutional state. What is meant by that?
Answer Options:
- A) All residents and the state must adhere to the laws ✓ (Correct Answer)
- B) The state does not have to adhere to the laws
- C) Only Germans have to follow the laws
- D) The courts make the laws
Explanation:
The correct answer is A because the principle of the rule of law (Rechtsstaatsprinzip) dictates that both citizens and the state are bound by the law. This is a fundamental aspect of German constitutional law, ensuring legal certainty and the protection of individual rights against arbitrary state action. Option B is incorrect because it directly contradicts the definition of a Rechtsstaat; the state's adherence to law is precisely what distinguishes it. Option C is also incorrect as the rule of law applies universally within the territory of Germany, not just to German citizens. Furthermore, option D misrepresents the legislative process; while courts interpret laws, they do not create them in a democratic system. The core idea is that no one is above the law, including those who govern.
Study Tip:
The state must follow the law, just like everyone else.