The judiciary of Germany is the system of courts that interprets and applies the law in Germany.
The German legal system is a civil law based on a comprehensive compendium of statutes, as compared to the common law systems. Germany uses an inquisitorial system where the judges are actively involved in investigating the facts of the case, as compared to an adversarial system where the role of the judge is primarily that of an impartial referee between the prosecutor and the defendant.
The independence of the judiciary of Germany is historically older than democracy in Germany. The organisation of courts is traditionally strong, and almost all state actions are subject to judicial review.
Judges follow a distinct career path. At the end of their legal education at university, all law students must pass a state examination before they can continue on to an apprenticeship that provides them with broad training in the legal profession over two years. They then must pass a second state examination that qualifies them to practice law. At that point, the individual can choose either to be a lawyer or to enter the judiciary. Judicial candidates start working at courts immediately, however they are subjected to a probationary period of up to five years before being appointed as judges for lifetime.
Famous quotes containing the words judiciary and/or germany:
“The judiciary has fallen to a very low state in this country. I think your part of the country has suffered especially. The federal judges of the South are a disgrace to any country, and I’ll be damned if I put any man on the bench of whose character and ability there is the least doubt.”
—William Howard Taft (1857–1930)
“It took six weeks of debate in the Senate to get the Arms Embargo Law repealed—and we face other delays during the present session because most of the Members of the Congress are thinking in terms of next Autumn’s election. However, that is one of the prices that we who live in democracies have to pay. It is, however, worth paying, if all of us can avoid the type of government under which the unfortunate population of Germany and Russia must exist.”
—Franklin D. Roosevelt (1882–1945)