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federalism

noun · Bundesstaat

Bundesstaat, a genuine federal state, Art. 20 Abs. 1 GG, in which the Länder have their own constitutionally entrenched existence and law-making powers, Art. 70 GG, and share in federal legislation through the Bundesrat. It is not the same as UK devolution, where Westminster stays sovereign.

Which translation, when

Bundesstaatthe federal state of Art. 20 Abs. 1 GG: two levels of statehood, with the Länder competent by default, Art. 30 GG, and legislative powers divided between Bund and Länder into exclusive and concurrent, Art. 70 ff. GG, the Länder sharing in federal law-making through the Bundesrat.
nicht Devolutionthe contrast that matters: the federal structure and the division into Länder are entrenched against amendment by Art. 79 Abs. 3 GG, so the federal structure cannot be abolished, though individual Länder can be reorganised, Art. 29 GG, unlike UK devolution, where Westminster remains sovereign and may in principle legislate for or reclaim devolved matters.

Why

Federalism is Bundesstaat, and the trap is to equate it with devolution. Germany is a Bundesstaat under Art. 20 Abs. 1 GG, with two orders of statehood: the Bund and the Länder, each with its own constitution, parliament and government. The Länder are competent unless the Grundgesetz assigns a matter to the Bund, Art. 30 GG, and legislative competence is split into exclusive powers of the Bund, concurrent powers, and residual Länder powers, Art. 70 ff. GG; the Länder take part in federal legislation and administration through the Bundesrat. Crucially, the division of the federation into Länder is beyond constitutional amendment, Art. 79 Abs. 3 GG. The United Kingdom is by contrast a unitary state with devolution to Scotland, Wales and Northern Ireland: the devolved legislatures exercise real powers, but Westminster remains legally sovereign and could, in law, legislate for devolved matters or repeal the devolution settlements, restrained only by convention. So rendering federalism as Bundesstaat is right, but carrying an assumption of revocable, delegated regional power understates a structure whose component states are constitutionally guaranteed.

Typical mistakes

  • A Bundesstaat is a genuine federal state, not devolution: the Länder have their own entrenched statehood, so treating them as recipients of delegated power that the centre can reclaim is wrong.
  • The division of the federation into Länder is beyond amendment, Art. 79 Abs. 3 GG, so presenting the federal structure as freely alterable understates it.
  • Legislative competence is allocated by the Grundgesetz, Art. 70 ff. GG, with the Länder competent by default, Art. 30 GG, so assuming the Bund may legislate at large misstates the division.

What matters

Setting out the German state structure, the translation should render federalism as Bundesstaat and mark that the Länder are constitutionally entrenched, Art. 79 Abs. 3 GG, with competences allocated by Art. 70 ff. GG, unlike UK devolution under a sovereign Westminster. Equating the two misstates whether regional power can be reclaimed by the centre.

Authority

  1. Art. 20 Abs. 1 GG
  2. Art. 70 GG
  3. Art. 79 Abs. 3 GG

What the machine misses

Machine output renders federalism as Bundesstaat or Föderalismus, then treats the Länder like devolved regions holding delegated power. It loses that a Bundesstaat gives the Länder their own entrenched statehood, Art. 79 Abs. 3 GG, with competences allocated by the Grundgesetz, Art. 70 ff. GG, and a share in federal legislation through the Bundesrat. The rendering understates a guaranteed federal order as a revocable devolution.

See what the machine does with this clause →

Examples

the principle of federalismdas Bundesstaatsprinzip
the federal stateder Bundesstaat
the division of legislative competencedie Verteilung der Gesetzgebungskompetenz
the federal and state levelsdie Ebenen von Bund und Ländern
Checked 24 Jul 2026 finepost.co.uk/notes/federalism