
Contents
-
-
-
-
-
-
-
-
-
-
-
-
-
1. The scope of executive power 1. The scope of executive power
-
(a) The unitary notion of executive power (a) The unitary notion of executive power
-
(b) The organizational diversity of executive power (b) The organizational diversity of executive power
-
(c) Executive prerogatives and emergency powers (c) Executive prerogatives and emergency powers
-
-
2. The accountability of the executive 2. The accountability of the executive
-
(a) Legal forms and executive functions (a) Legal forms and executive functions
-
(i) Legal forms of rule-making (i) Legal forms of rule-making
-
(ii) Legal forms of adjudication (ii) Legal forms of adjudication
-
(iii) Informal administrative action (iii) Informal administrative action
-
-
(b) Parliamentary accountability (b) Parliamentary accountability
-
(c) Accountability within the administration (c) Accountability within the administration
-
(d) Federal segmentation of executive accountability (d) Federal segmentation of executive accountability
-
(e) Judicial accountability and legal protection (e) Judicial accountability and legal protection
-
(f) Other forms of accountability (f) Other forms of accountability
-
-
-
-
-
-
9 The Scope and Accountability of Executive Power in Germany
Get access-
Published:November 2005
Cite
Abstract
German constitutional law adopts a unitary notion of executive power. The cardinal provision of the German Constitution or Grundgesetz, distinguishes the two other powers — those of the legislature and the judiciary from the executive. This chapter shows that the fact that executive power is regarded as a unitary concept does not mean that it should be understood in German law as a monolithic or pyramid organization. But it does mean that certain constitutional dictates are on the whole to be uniformly applied to the executive. The unity of the executive power is in this respect normatively coupled with other constitutional provisions that apply equally to the authorities of the federal states. Grundgesetz provides for a uniform obligation on the executive to respect the basic rights provisions of the Constitution. Duties promoting uniformity may also be said to arise from the organizational legal principles of democracy and the rule of law.
Sign in
Personal account
- Sign in with email/username & password
- Get email alerts
- Save searches
- Purchase content
- Activate your purchase/trial code
- Add your ORCID iD
Purchase
Our books are available by subscription or purchase to libraries and institutions.
Purchasing informationMonth: | Total Views: |
---|---|
October 2022 | 1 |
November 2022 | 9 |
December 2022 | 5 |
January 2023 | 5 |
February 2023 | 4 |
March 2023 | 7 |
April 2023 | 10 |
May 2023 | 2 |
July 2023 | 4 |
September 2023 | 6 |
October 2023 | 5 |
November 2023 | 4 |
December 2023 | 2 |
January 2024 | 3 |
February 2024 | 2 |
March 2024 | 11 |
April 2024 | 2 |
May 2024 | 6 |
July 2024 | 2 |
August 2024 | 2 |
September 2024 | 1 |
October 2024 | 2 |
November 2024 | 2 |
December 2024 | 3 |
January 2025 | 1 |
February 2025 | 3 |
March 2025 | 5 |
April 2025 | 1 |
Get help with access
Institutional access
Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:
IP based access
Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.
Sign in through your institution
Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution’s website and Oxford Academic.
If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator.
Sign in with a library card
Enter your library card number to sign in. If you cannot sign in, please contact your librarian.
Society Members
Society member access to a journal is achieved in one of the following ways:
Sign in through society site
Many societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:
If you do not have a society account or have forgotten your username or password, please contact your society.
Sign in using a personal account
Some societies use Oxford Academic personal accounts to provide access to their members. See below.
Personal account
A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.
Some societies use Oxford Academic personal accounts to provide access to their members.
Viewing your signed in accounts
Click the account icon in the top right to:
Signed in but can't access content
Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.
Institutional account management
For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.