Equality of Voting Rights in German Federal Election and Constitutional Court
Equality of Voting Rights in German Federal Election and Constitutional Court
批准号:
23530003
负责人:
EBIHARA Akio
金额:
$2.58万
依托单位:
依托单位国家:
日本
项目类别:
Grant-in-Aid for Scientific Research (C)
财政年份:
2011
资助国家:
日本
项目状态:
已结题
起止时间:
2011 至 2013
中文摘要
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英文摘要
German federal congressional election is basically a proportional representation, although the half of the congressmen are chosen in each district. This combination allows sometimes dozens of so-called overhang-mandates, i. e. more candidates of a party are chosen in a state than the proportional dues. The overhang-mandates brings under certain conditions the inverse voting effect: more votes make a party lose one representative and vice versa. German Constitutional Court daclared the inverse voting effect as unconstitutional and required a reform in 2008. But the new federal election law was again held to be against the Constitution in 2012, because it still can have the inverse voting effect. The main reason of the unconstitutionality is the viloation of equality of voting rights, which means in Germany not only the equality of the weight of a vote in each district, as is disscussed in Japan, but also the equality of the effect of a given vote to the formation of the congress.
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