Electoral law reform: A balancing act between democracy and party interests

Dr Martin Stark on the challenges and opportunities of the new electoral law reform in Germany

As part of our democracy campaign “Quo vadis, democracy?”, we are focussing on the current debate surrounding electoral law reform in Germany. The traffic light coalition has initiated far-reaching legislative changes to reduce the size of the oversized Bundestag parliament. But how effective are these measures? What are the political and legal challenges? We spoke about this with Dr Martin Stark, a proven expert in this field. His book “Die Quadratur des Wahlrechts” (“Squaring the Electoral Law”) sheds light on the complex relationships between democratic theory, constitutional law and the interests of political parties.

In an interview

… Dr Stark explains the urgent need for electoral law reform in order to reduce the growing number of overhang mandates. The new reform of the traffic light coalition, in force since June 2023, aims for a fairer distribution of seats and takes better account of constituency majorities. He discusses the possible abolition of the basic mandate clause and its impact on smaller parties. Critical points such as the exclusion of directly elected constituency representatives and the reform of the two-vote electoral law are also examined.

The debate on electoral law reform

… remains a controversial topic. The decision of the Federal Constitutional Court will shape the composition of the Bundestag. We would like to thank Dr Stark for his valuable insights.

Dr Martin Stark’s book “Die Quadratur des Wahlrechts – Das Bundeswahlgesetz zwischen Demokratietheorie, Staatsrecht und Parteiinteressen“ (Nomos, 2024, 429 pages) examines the requirements of the electoral system in a parliamentary, representative democracy. Stark shows that it is not compliance with a certain parliamentary size or precise proportional representation that is decisive, but representation in the sense of responsiveness. He offers a comprehensive account of the electoral law debate in Germany since the Parliamentary Council and analyses the influence of party interests on the argumentation. The book concludes with a detailed examination of the relevant case law of the Federal Constitutional Court on electoral law.

The aim of the current Quo vadis, Demokratie? campaign is to provide a platform for academic discourse and exchange. To this end, we are creating space for a critical examination of current issues relating to the future of our democracy. In addition to insightful interviews and discussions, we also make current scientific contributions freely available.