Abstract

In the year 2008, the German Federal Constitutional Court ruled that the formerly applicable Electoral Law was unconstitutional due to the effect of the so-called ‘negative voting weight’. After a five-year debate, the new Electoral Law was passed in spring 2013, according to which the following parliamentary elections were conducted in autumn. This new law mainly fulfils the regulations laid down by the Constitutional Court, although not to their full extent. Through the introduction of adjustment mandates for overhang mandates, the proportional representation between the parties represented in the German Parliament Bundestag was guaranteed for the first time. At the same time, however, an abundance of new problems such as a procedural return which is hard to reason, and the risk of a severely inflated Bundestag, are created.

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