21 Art. 20 GG: The Federal Principle

Abstract

This chapter discusses the federalism principle as articulated in Art. 20 of the Grundgesetz (GG). It first examines the Federal Constitutional Court's jurisprudence concerning the idea that the federal government is an ‘entire state’ (Gesamtstaat). In particular, it considers the doctrine of the ‘tripartite federal state’ (‘entire state’ of the Federal Republic of Germany — federal government — states) and shows that the federal government is the entire state based on the doctrine of the ‘bipartite federal state’. It also explores the notion that the federal government is the ‘community of states’, the community of the federal government and the states, and the homogeneity of the federal and state governments. Finally, it explains the principle of loyalty to the federal state and the ensuing requirement of ‘federalism-friendly conduct’.