Reserve Powers
Some argue that the Basic Law does not require that the president follow government directives in all circumstances. It is suggested, for instance, that the president could refuse to sign legislation merely because he disagrees with its content, thus vetoing it, or refuse to approve a cabinet appointment. Because no president has ever attempted to take either of these actions the constitutionality of these points has never been tested.
In the few cases in which a bill was not signed, all presidents have claimed that the bill in question was manifestly unconstitutional. In the autumn of 2006, President Köhler did so twice within three months. Also, in some cases, a president has signed a law while asking that the political parties refer the case to the Federal Constitutional Court in order to test the law's constitutionality. The most recent case of such an occurrence was the controversial passing of an immigration law in the Bundesrat in 2002, when the delegates of Brandenburg failed to come up with the unanimous vote that the Basic Law requires of each Land's delegation in the Bundesrat. This law was ultimately declared invalid by the court for reasons of procedure.
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Famous quotes containing the words reserve and/or powers:
“In a democracy—even if it is a so-called democracy like our white-élitist one—the greatest veneration one can show the rule of law is to keep a watch on it, and to reserve the right to judge unjust laws and the subversion of the function of the law by the power of the state. That vigilance is the most important proof of respect for the law.”
—Nadine Gordimer (b. 1923)
“To receive applause for works which do not demand all our powers hinders our advance towards a perfecting of our spirit. It usually means that thereafter we stand still.”
—G.C. (Georg Christoph)