Rechtsstaatsprinzip

Rechtsstaatsprinzip, or the principle of the rule of law, is a central constitutional doctrine in Germany. It requires that the state exercises its power only on a legal basis and within the framework of the Basic Law. It embodies that the state is bound by law, by fundamental rights, and by lawful procedures, and that individuals are protected against arbitrary actions by public authorities. Alongside democracy and the social state, it is one of the foundational principles of the German constitutional order.

The concept encompasses several elements: legality of administration (the administration must act on a statutory or otherwise lawful basis); the independence and accountability of the judiciary; and the right to access courts. It also includes proportionality and necessity in state actions, protection of fundamental rights, legal certainty, and foreseeability of law. Procedural fairness, transparency, and the possibility to challenge state action before courts are integral parts of the principle.

In practice, the Rechtsstaatsprinzip guides constitutional interpretation and judicial review. It empowers courts to examine laws and administrative acts for compatibility with the Constitution, to strike down unconstitutional measures, and to protect fundamental rights against governmental overreach. It thus serves as a check on executive power and a safeguard of legality in public administration.