Baden-Wuerttemberg – staatsrecht.honikel.de

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Zusammenfassung:

Like the Federation also the Land Baden-Wuerttemberg has a state character and thus own state organs. In contrast to the Federation Baden-Wuerttemberg has only one state organ per partial government authority. For the legislation the federal state parliament, for the executive the federal state government and for the jurisdiction the high court of state.

Content:

The Federal State Parliament

Tasks

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Election system and allocation of seats

The election system is the election on the basis of proportional representation in connection with the majority election system. The number of seats (Altogether 120) per party depends on the respective votes portion of the party of the total votes (election on the basis of proportional representation). The distribution of the seats to the applicants depends on the votes, which they received (majority election).

Each voter has one vote, this vote is however rated twice, on the one hand for the election on the basis of proportional representation on the other hand for the majority election. The area of the Land is divided into 70 constituencies. The applicant, who receives most of the votes in a constituency, gets a seat in the federal state parliament (direct mandate).

If a party gets more seats through the election on the basis of proportional representation than through the personality election, then the remaining seats are occupied by secondary mandates. Inferior in their constituency, but in relation to the other candidates of their party superior candidates engage into the federal state parliament.

If a party gets more direct mandates than it gets seats according to the proportional representation, then the surplus seats remain as overhang mandates. Through these overhang mandates however the balance of power of the parties specified by the elections on the basis of proportional representation alters towards the party with the overhang mandates. As reconciliation the other parties receive balance mandates.

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Conversion votes - seats

The conversion of the vote portions into seats until the year 2006 worked with the d'Hondtsche method. The votes are divided first by 1, 2, 3 etc. Then the seats which can be assigned are distributed from the highest quotient downward to the different parties.

In the future (the next election is scheduled for 2011) the conversion works with the Sainte-Laguë/Schepers method. This is similar to the d'Hondtsche method with the difference that only odd numbers 1, 3, 5 etc. are used as divisor.

Calculation examples

Legislative period

The federal state parliament is elected for five years (Article 30 I LV).

Organization

The organization of the federal state parliament essentially follows the organization of the Bundestag.

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The State Government

The state government consists of the prime minister and the ministers (Article 45 II LV).

Task

Executive (Article 45 I LV)

Formation of the state government

The prime minister will be elected by the parliament with absolute majority (Art 46 I LV). The members of the state government will be appointed by the prime minister with agreement by the parliament (Article 46 IV LV).

Completition of government activity

The overthrow of the prime minister is possible through the constructional vote of no confidence only (Article 54 LV, same procedure as at the Federal Chancellor). The overthrow of a minister is possible with twothirds majority (Article 56 LV).

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The High Court of State (Article 68 LV)

The high court of state of the Land Baden-Wuerttemberg corresponds to the Federal Constitutional Court on federal level.

Task

It interprets the national constitution and examines the compatibility of federal state law with the national constitution.

Formation / composition of the high court of state

The high court of state consists of 9 members, who are elected by the federal state parliament for 9 years. Every three years a third of the members is exchanged. This should secure the continuity of the iurisdiction.

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