Die Gleichheit der Wahl

"The principles of "equality of choice" have still not been satisfactorily clarified, given the current state of dogmatic legal penetration of the right of state organisation. The decision of the Federal Constitutional Court on the constitutionality of overhang mandates of 10 April 1997 prompted this publication. In the historical part, Michael Wild reconstructs the theoretical assumptions of the reason for voting which shape the postulate of equality in electoral law. In the process, two conflicting traditional strands emerge with regard to the view of the formation of the will of the people. These are closely linked to the respective underlying understanding of the state: Illustration or decision. An.