Conference on Strengthening Constitutional Democracy. The role of provincial/regional and local government: Co - producing quality governance through innovation Cape Town, 19 – 21 August 2015 Democratic Constitutionalism in the German States: Legislatures, Sub-national Constitutionalism and Multilevel Systems Paper by PD Dr. Werner Reutter University Leipzig; Department of Political Science Beethovenstr. 15, 04107 Leipzig Email:
[email protected] - Please, do neither quote nor disseminate without the permission of the author – Democracy means political self-determination1 that is the people’s right to take part in public decision-making. Constitutional democracies guarantee and limit this right. They provide the institutional set up to effectively use democratic rights and limit the way how this right is to be invoked. In representative democracies this means parliaments have to ‘stand for’ and ‘act for’ its people at the same time (Pitkin 1967; Reutter 2015). The 16 sub-national parliaments in Germany are supposed to accomplish this task by passing laws, making decisions, and by holding the executive to account. In particular German Länder enjoy constitutional autonomy. They have the prerogative to adopt and amendment constitutions. However, in the European and German multilevel system the capacity of German Land parliaments to effectively ‘act for’ its people is severely limited, if not suspended at all. However, this means that political self-determination – or in other words: constitutional democracy – is severely limited in the German states, if at all possible. In my paper I will address this question and explore how the German states addressed these issues and how they tried to strengthen constitutional democracy at the sub-national level.