Paritätsgesetze und repräsentative Demokratie

This paper contains a comprehensive analysis of the constitutional admissibility of gender-related electoral provisions and considers the latest jurisprudence in this regard, including at state level. The author examines fundamental and hitherto unresolved challenges in the implementation of constitutional law that stem from the need to reconcile fundamental electoral principles with equality rights and Article 3 (2) sentence 2 of the Grundgesetz. The paper concludes by suggesting a practical approach that does not require regulatory changes, but relies on soft law and advances that can be made through political discourse.