127. Why is there a 5% threshold in the Federal Republic of Germany’s electoral law (Federal Electoral Act, Bundeswahlgesetz)? It exists because …

Answer options

1. the platforms of many small parties have much in common.
2. citizens may lose their bearings when faced with many small parties.
3. many small parties make the formation of a government more difficult.
4. smaller parties do not have as much money to pay politicians.

Explanation

The five-percent clause (Sperrklausel) in § 6(3) of the Federal Electoral Act aims to prevent excessive party fragmentation and to secure parliamentary functionality and the capacity to form a government. It is a permissible but justification‑requiring limitation of electoral equality (Art. 38(1) Basic Law) and party equality of opportunity (Art. 21 GG); the Federal Constitutional Court has upheld it for Bundestag elections (e.g., BVerfGE 6, 84), while striking down thresholds for European elections lacking sufficient justification (BVerfGE 129, 300; 135, 259). Historically, the clause reflects lessons from the Weimar Republic’s fragmentation and cabinet instability and is complemented by mechanisms such as the constructive vote of no confidence (Art. 67 GG). The aim is to keep proportional representation workable without abandoning political pluralism.