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US News Brandenburg's parity law is unconstitutional.

14:50  23 october  2020
14:50  23 october  2020 Source:   dw.com

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I 2019, No. 1, Landesrecht Brandenburg website (in German); Press Release No. 020, President of the Parliament Britta Stark: “ Parity Act Is a Major an amendment to the original draft of the Parity Act to eliminate the parity requirement for the first vote in order to avoid passing an unconstitutional law .

I. state laws held unconstitutional . 1. United States v. Peters, 9 U. S . (5 Cr. ) Because the compact between Virginia and Kentucky negotiated on the occasion of the separation of the latter from the former stipulated that rights in lands within the ceded area should remain valid and secure

Significantly more men than women have political mandates in Germany. Brandenburg wanted to steer against it. But the constitutional judges in Potsdam overturn the corresponding law.

Der Präsident des Brandenburger Verfassungsgerichts, Markus Möller (l.) mit dem Urteil © Soeren Stache / dpa / picture-alliance The President of the Brandenburg Constitutional Court, Markus Möller (left) with the judgment

The judgment was also eagerly awaited at the federal level, as the parity law in Brandenburg was supposed to ensure that the lists of candidates were evenly cast ensure state elections with women and men. But after Thuringia, the constitutional judges in Potsdam also rejected such a regulation. According to the court, the law restricts the freedom of the parties to list candidates and thus participate in elections. (AZ: VfGBbg 9/19, VfGBbg 55/19)

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Brandenburg v. Ohio (1969). Holding: his conviction is overturned and the Ohio statute declared unconstitutional because the 1st amendment protects the mere Holding: State statute requiring the salute of the flag in public schools is unconstitutional because it violates freedom of speech.

At the beginning of 2019, Brandenburg was the first German federal state to pass the parity law with the then ruling coalition of the SPD and the Left, as well as votes from the opposition Greens. It has been in force since the end of June this year and should be used for the first time in the 2024 state elections.

NPD and AfD sued

With their decision, the judges in Brandenburg upheld two lawsuits by the NPD and the AfD, which see the law seriously impairing the freedom of choice and the freedom of the parties to organize. In addition, four AfD members of the state parliament had lodged constitutional complaints.


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Brandenburg's Landtag President Ulrike Liedtke defended the regulation again in August. When women make up half of the population, equal representation of women is a democratic imperative, she said at the hearing.

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International law is the set of rules, agreements and treaties that are binding between countries. When sovereign states enter into agreements that are binding and enforceable, it’ s called international law . Countries come together to make binding rules that they believe benefit their citizens.

An unconstitutional constitutional amendment is a concept in judicial review based on the idea that even a properly passed and properly ratified constitutional amendment

Landtagspräsidentin Ulrike Liedtke kam zur Urteilsverkündung © Soeren Stache / dpa / picture-alliance Landtag President Ulrike Liedtke came to the pronouncement of the verdict

The verdict is a setback for corresponding efforts in other federal states and at the federal level. The Thuringian Constitutional Court overturned the law there in state electoral law, according to which parties have to alternate between men and women in their lists of candidates for state elections.

At the federal level, too, women are fighting for more participation in parliaments. Among them are the chairwoman of the Green parliamentary group, Katrin Göring-Eckardt and the former president of the Bundestag Rita Süssmuth (CDU). In the 2017 election, the proportion of women in the Bundestag fell from 37.3 percent to 31.2 percent. In the Brandenburg state parliament, the proportion of women MPs is around a third.

se / mak (dpa, epd, afp)

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