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Law

How Constitutional Court Referrals Protect Minority Interests

Quick fact

In 1928, a German court referred the electoral law of Prussian Silesia to the State Court, which overturned it because it made it impossible for the Polish minority to win a seat—an early example of referrals shielding minority representation.

Why this is interesting

What happens when an ordinary judge suspects a law is unconstitutional, but the case is about a parking ticket? The answer can decide the fate of an entire minority.

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