Try it for yourself
145Why state power is divided

In the separation of powers, a judge serves the judiciary.

The question links a profession with safeguards against concentrated power: courts decide independently of government and parliament.

About 4 min readReviewed: 20 October 2026
AI-generated three equal-height unmarked wooden blocks spaced apart on a navy surface.
Basic LawArticle 20 paragraph 2
Symbol of distinct functions, not an official constitutional diagram.
The short answer

For the judiciary, the adjudicating branch.

Lawmaking, government and administration, and adjudication have different functions. Judges belong to the judiciary. The division enables checks and helps prevent one institution from deciding everything without limits.

Try it for yourselfExam question · No. 145
In Germany, state power is divided. For which branch of government does a judge work? For the …

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The classification serves a democratic purpose.

Making laws, implementing them through the state and deciding legal disputes should not simply be concentrated in one unchecked authority. Separation of powers distributes functions and provides mutual checks. The judicial task belongs to the judiciary.

The branches are not completely disconnected. They interact within the constitution. What matters is that a judicial decision does not merely carry out a government instruction: judges are independent and subject to the law.

Three fictional adults with long locs, a buzz cut and long silver waves talk in a study group.
AI-generated discussion about checks on state power.

The other three answers

The four options do not name four equivalent branches of state power.

executive.

The executive chiefly comprises government and administration. It is part of the separation of powers, but not the branch to which judicial decision-making belongs.

press.

The press informs the public and can scrutinise power. It is therefore sometimes metaphorically called a “fourth power”. That does not make it one of the three state branches or turn judges into journalists.

legislative.

The legislature is the lawmaking branch. A parliament passes laws; a judge decides legal cases. These functions must be distinguished for this classification.

Independence does not mean complete isolation without checks.

Separation of powers does not mean state institutions never interact. The constitution determines their relationships and responsibilities. That regulated distribution helps limit power.

Public criticism of judgments does not change the classification. Judges remain part of the judiciary; the media report and comment freely outside the three state branches.

Article 20 paragraph 2 · Basic Law ↗
Your memory cue

Three state branches: judicial decisions belong to the judiciary.

Think of three functions as well as three names. The press option is a reminder to distinguish state power from public scrutiny.

Three words for this question

die Gewaltenteilungseparation of powers
Distribution of state functions with mutual checks.
die Machtkonzentrationconcentration of power
The accumulation of many decision-making powers in one institution.
die Pressefreiheitpress freedom
The protected freedom of journalistic reporting.
Grundgesetz · Artikel 20 ↗
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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 20 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.