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053Law & administration

The state must comply with the law too.

The rule of law does not mean the state is always right. It means its power is constrained by law and open to review.

About 4 min readReviewed: 19 October 2026
Empty fictional administrative reception with a wooden counter and chairs.
Basic LawArticle 20(3)
Everyday administrative action also needs a legal basis.
The short answer

The state must obey the laws.

Authorities and courts are bound by law and justice, while legislation must respect the constitutional order. State power does not stand above the law.

Try it for yourselfExam question · No. 053
What does 'constitutional state' (Rechtsstaat) mean in Germany?

Choose one answer. Your result stays on this page only.

“Recht” here means law, not a political direction.

German Recht can suggest different expressions: being right, being on the right or having a right. Rechtsstaat instead describes the legal limitation of state power. It does not declare an authority factually correct in every dispute.

Someone making a state decision needs the relevant authority and must follow the applicable rules. This remains true even when another solution would be more convenient for the administration.

An advisor with short dark hair and orange glasses talks with a bald man with a grey beard.
Fictional consultation without real records or an individual case decision.

The other three answers

The other three sentences do not define the term.

The state is right.

“The state is right” would mean it is always correct. State errors and unlawful decisions can themselves be reviewed.

There are only right-wing parties.

Rechtsstaat does not mean that only right-wing parties exist. The word concerns law.

Citizens decide on laws.

Public participation in political decisions concerns democracy. By itself, it does not explain the state’s legal constraints.

Democracy and the rule of law complement each other.

A democratic majority may pass legislation, but must respect the constitution. Approval by many people does not automatically make every measure lawful.

The exam question cannot determine an individual deadline or legal remedy. It conveys the basic principle of legal constraint and review.

Article 20(3) · Basic Law ↗
Your memory cue

Rule of law: the state is bound by law.

Exclude “always being right” and “politically right-wing” from the meaning.

Three words for this question

der Bescheidofficial decision
An administrative decision communicated to the person concerned.
rechtmäßiglawful
Compatible with the applicable law.
der Rechtsschutzlegal protection
Ways to protect rights against interference.
Grundgesetz · Artikel 20 Absatz 3 ↗
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Sources & context

An independently written study guide, not an official BAMF publication or advice for an individual case. The sources below were reviewed on 19 October 2026 for the claims explained here; the test question comes from the existing question bank.

The two editorial pictures are AI-generated illustrations. They do not document real events or official proceedings.