Government and Foreign Affairs in German Constitutionalism Cover Image

Rząd i sprawy zagraniczne w konstytucjonalizmie niemieckim
Government and Foreign Affairs in German Constitutionalism

Author(s): Ryszard M. Małajny
Subject(s): Constitutional Law
Published by: Kancelaria Sejmu
Keywords: government; functions of government, organizational power; foreign affairs; international agreements

Summary/Abstract: The article starts with the overview of the evolution of the concept of Regierung which exists in Germanliterature from the fi fteenth century. The author, fi rst of all, deals with historical concepts and,then, with contemporary issues. In the period of constitutional monarchy, the German scientists usedthe term “government” to mean the entire activity of the state. However, some authors have conceivedit more narrowly, as the entire state power, but with the exception of the legislative and judicialbranches. In contrast, from contemporary perspective, the government is considered as that partof the executive which makes creative decisions, applies political initiative, conducts oversight overthe activities of the executive and exercises general management of the state. Subsequently, the authordiscusses the functions of government, the term “organizational power”, the interpretation ofthe term Auswärtige Gewalt and the procedure for concluding international agreements by the FederalRepublic of Germany. The fi nal part of the article provides conclusions.

  • Issue Year: 2016
  • Issue No: 1
  • Page Range: 65-83
  • Page Count: 19
  • Language: Polish