tutoria-Nachhilfe-Wiki

Overhang seats (excessive mandates, Überhangmandate) arise upon elections in states, in which a party is represented to lesser seats according to its party vote procedures than it has won in the constituencies level. “Overhanging seats” (for missing votes) remain with the party; and it comes due to two important factors (a) greater number of constituency votes (b) lower turn-outs of party votes.
Many problems are seen through the overhanging of seats including; unconstitutional voter expectations or weight (that contradicts free elections), changing of the proper compostion and proportionality of parliment (due to enlargements of seats) thereby contradicting the equality and partiality of elections)[BVerfG,10 April 1997-2BvF 1/95][2BvC 1/07,2BvC 7/07]- Negatives Stimmgewicht

Few solutions considered to oevercome such negativity and unconstitutional way of elections, may include: (a) changes in the electoral lwa by the Federal Constitutional Courts, to disable negative voting weighings. (b) internal compensation seats to internal overhanging seats,whereby some overhanging seats will not be assigned (list seats will be only assigned after the equal distribution of constituency seats and as long as there are enough seats for the parties). Others may suggest the abolishing of constituency votes or first votes (which influences the unsuitability of parlimentry compositions and size).

(FEDERAL ELECTORAL LAW)