| 摘要: | 2013年5月3日，德國的聯邦選舉法修正案生效，這是1949年該法頒布以來的第22次修正，其主要是針對被聯邦憲法法院宣告違憲的議席分配方法之規定做修正。本次聯邦選舉法修正並未廢除備受爭議的超額議席，反而為了保留超額議席而引進平衡議席；雖然負選票值效應將可避免，但議席分配方法反而變得更加複雜繁瑣。整體而言，修正後的議席分配方法主要被劃分為兩回合分配，每一回合的議席分配又被切割為兩階段席次計算。本文官在剖析四個問題：（一）為何德國國會選舉的議席分配方法之舊規定違憲？（二）議席分配方法的新規定之內容為何？（三）議席分配方法的新規定如何運作？（四）議席分配方法的新規定有何利與弊？
The most recent amendment to the German Federal Election Law took effect on May 3, 2013 and is the twenty-second amendment to this Law, which was originally promulgated in 1949. The amendment is principally intended to revise regulations regarding the seat distribution method declared unconstitutional by the Federal Constitutional Court of Germany. The amendment did not repeal the controversial overhang seats, but instead introduced balance seats in order to retain overhang seats. Although the revised method avoids negative vote weight effect, seat distribution became more complicated and cumbersome. On the whole, the post-amendment seat distribution method is primarily divided into a two-round distribution and the seat distribution for each round is divided into a two-stage seat calculation. The main purpose of this study is to analyze four questions: (1) Why were the old regulations on the seat distribution method for German parliamentary elections unconstitutional? (2) What is the content of the new regulations on seat distribution? (3) How should the new seat distribution regulations be implemented (4) What are the pros and cons of the new regulations? |
