the Senate of the United States shall be composed of two Senators from each state
The Senate with such equality among the states is designed to check the potential of majority tyranny coming from the lower house
Chapter Three Federations and Second Chambers
The same principle is adopted under the Swiss Constitution, except for introducing the notion of full and half Cantons.
It states, ‘The Senate shall consist of 46 delegates of the Cantons.
Six half Cantons elect one and the remaining twenty each shall elect two senators.
Chapter Three Federations and Second Chambers
The German federation represents a different principle that tries to balance the interests of the most populous states on the one hand and those of the less populous ones on the other.
The Basic Law stipulates: ‘The Bundesrat consists of members of state governments which can appoint and recall them ...’ and in another section it provides, (Article 51)
‘each Land has at least three votes;
Länder with a population between two to six million inhabitants have four,
Länder with more than six million inhabitants five, and
Länder with more than seven million inhabitants six votes.’
As can be seen from the provision of the Basic Law, the Bundesrat’s seats are allocated on a weighted basis giving some advantage to the less populated Länder but falling short of the principle of equal representation of states
Chapter Three Federations and Second Chambers
In sum, he concludes, ‘The principle of equality of citizens is eroded where the equality of regional representation is entrenched
The principle of equality of regions is eroded where precedence is accorded to citizen equality.
In a democracy, it is distinctive that citizens enjoy a right to vote on an equal basis.
In a federation, viewed as a particular type of democracy, it is distinctive that representation of regions is in some manner entrenched.
Federations incorporate necessarily and unavoidably some degree of inequality between the citizens of the different regions.’
German Basic Law attempt to minimize the gap in the inequality between the citizens of the different states
