The Federal Constitutional Court of Germany, equivalent to the Supreme Court of the United States, still holds the highest level of trust among government institutions, but this trust is declining. According to recent polls, about 66 percent of Germans trust this court, which is significantly higher than other major government institutions. For example, trust in the Bundesrat (the Federal Council) is reported at 47 percent, in the Bundestag (the Federal Diet) at 38 percent, and in the federal government at 29 percent.
Decline in Trust in Recent Years
Other surveys show that these numbers were significantly higher a few years ago. A study by the Allensbach Institute in 2021 indicated that trust in the Constitutional Court had reached 81 percent. The reasons for this decline in trust are still being debated. Some analysts point to the court's decisions allowing the government to restrict certain freedoms during the COVID-19 pandemic, which led to widespread protests.
Read more: Committee Badnok Critiques the Prime Minister at the Tory Conference
Criticism of the Court's Decisions
This period has also seen a general decline in trust in all government institutions, and some believe that this decision showed that the court does not act as an independent arbiter. Christian Lammert, a former political science professor at the University of Hamburg, believes that the criticisms of the court being political are unfounded. He states that the court's goal has always been to make political decisions based on legal arguments.
The court was established in 1951, after World War II, to ensure that the new laws of West Germany were in accordance with the constitution or the basic law that came into effect in 1949. Over the years, this court has had to interpret constitutional principles such as democracy and human dignity in various political issues.
Gertrud Lübbe-Wolf, a former judge of the Constitutional Court, believes that the problem is not that the court is political, but that its composition does not reflect the new political realities in Germany. She emphasizes the need to maintain diversity in the court's composition to ensure balanced and acceptable decisions for the public.
Lübbe-Wolf also suggests that instead of political parties proposing candidates for the court, these positions should be advertised like any other job, and individuals should apply for them. This, she says, could reduce the influence of party politics.
Read more: John Sununu is the Best Chance for Republicans to Win in New Hampshire · Frank-Walter Steinmeier Warns About Threats to Democracy in Germany
