07-15-20, 07:59 AM
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#1053
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Soaring
Join Date: Sep 2001
Location: the mental asylum named Germany
Posts: 42,746
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Die Welt writes in two pieces:
Quote:
The parties in Thuringia do not have to alternate men and women with their candidate lists for state elections. The constitutional court in Weimar decided on Wednesday and overturned a corresponding parity rule in the state election law.
A lawsuit by the AfD was successful. The decision could send out a signal to a similar regulation in Brandenburg, where the constitutional court decides in August on the parity law passed there.
This was a slap in the face for everyone who knows our constitution. It was already clear in advance that the Thuringian constitutional court would consider the parity law to be unconstitutional. With its red-red-green majority, the state government enacted a law last year that required the parties in Thuringia to alternate men and women with their candidate list for state elections.
But the Basic Law stipulates otherwise. It emphasizes the freedom of the parties. They can position themselves as they see fit. In addition, the constitution precludes a representative body. This would have to represent all population groups in society. However, the Basic Law knows only one reference variable: the people, all of those entitled to vote. Neither skin color nor origin, neither social class nor gender play a role. If it were different, naturalized migrants, homosexuals, young and old people would have to sit next to each other according to their strength in this representative office.
And nobody comes here with the principle of equal opportunities. Udo Di Fabio, the former constitutional judge and renowned Bonn legal scholar, got to the point a good year ago: the principle of equality in the Basic Law “aims to promote gender equality, but does not prescribe certain results. Promotional measures for equality are different from compulsory regulations."
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