“Power” has a constitutional meaning here.
In everyday German, “Gewalt” can mean physical violence. In “Gewaltenteilung”, however, it refers to state power and its functions. Judicial power is the part exercised when courts decide legal questions.
The function can be recognised in the verb: a judge adjudicates. A case may concern a civil claim or a criminal allegation, for example. Responsibility for a different type of proceeding does not change the underlying classification as judicial work.
The other three answers
Classify each answer by the activity it describes.
executive power.
Executive power concerns government and administration carrying out state functions. Independent judicial decision-making is adjudication.
planning power.
“Planning power” is not a separate one of the three branches tested here. Planning can occur in various institutions but does not replace the constitutional classification.
legislative power.
The legislative branch passes laws. A judge applies law in proceedings and therefore does not belong to the legislative branch by performing that task.
Adjudication does not confer personal power over the law.
Judicial independence protects decisions from improper instructions. It does not remove the obligation to follow law and justice. “Independent” and “judicial” therefore belong together.
The question asks for a branch of state power, not a particular court’s name or the whole justice administration. Remember the function: judicial decisions exercise adjudication.
Article 20 paragraph 2 · Basic Law ↗Adjudicate → judicial power.
If “Judikative” is unfamiliar, start with the German verb “Recht sprechen”. The activity and the branch’s description connect directly.
Three words for this question
- die rechtsprechende Gewaltjudicial power
- The state function of courts deciding legal questions.
- die vollziehende Gewaltexecutive power
- The functions of government and administration.
- Recht sprechenadjudicate / administer justice
- To decide a case judicially according to law.