Homogeneity requirement
The principle of homogeneity in the constitutional law of federal states ensures that the constitutional and / or electoral principles of the federal government also apply to the constitutional order of the member states . It thus limits the independence of the member states in shaping their internal order.
Germany
In Germany , Article 28, Paragraph 1 of the Basic Law stipulates : The constitutional order in the countries must correspond to the principles of the republican , democratic and social constitutional state within the meaning of this Basic Law. In the federal states , districts and municipalities , the people must have a representation that has emerged from general, direct, free, equal and secret elections. [...]
In practice, in accordance with the preceding command, the German states have the state or | Form of government of the parliamentary republic , although in principle it would also allow a presidential system of government at the state level.
Austria
In Austrian constitutional law, there is an express formulation of the homogeneity requirement only for the right to vote in the state parliaments ( Art. 95, Paragraph 2 of the Federal Constitutional Act ) and for the municipal councils ( Art. 117, Paragraph 2 of the Federal Constitutional Law ). According to this, the right to vote of the federal states may not make the group of eligible voters more restrictive than the federal electoral law, and the municipal right to vote may in turn not be more restrictive than the right to vote in the state parliament of the respective state.
