Judicial Politics in W Germany
Author | : Donald P. Kommers |
Publisher | : SAGE Publications, Incorporated |
Total Pages | : 320 |
Release | : 1976 |
Genre | : Law |
ISBN | : |
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Author | : Donald P. Kommers |
Publisher | : SAGE Publications, Incorporated |
Total Pages | : 320 |
Release | : 1976 |
Genre | : Law |
ISBN | : |
Author | : Philip M. Blair |
Publisher | : Oxford University Press, USA |
Total Pages | : 358 |
Release | : 1981 |
Genre | : Language Arts & Disciplines |
ISBN | : |
Author | : Georg Vanberg |
Publisher | : Cambridge University Press |
Total Pages | : 209 |
Release | : 2004-12-06 |
Genre | : Political Science |
ISBN | : 1139442627 |
Constitutional courts have emerged as central institutions in many advanced democracies. This book investigates the sources and the limits of judicial authority, focusing on the central role of public support for judicial independence. The empirical sections of the book illustrate the theoretical argument in an in-depth study of the German Federal Constitutional Court, including statistical analysis of judicial decisions, case studies, and interviews with judges and legislators. The book's major finding is that the interests of governing majorities, prevailing public opinion, and the transparency of the political environment exert a powerful influence on judicial decisions. Judges are influenced not only by jurisprudential considerations and their policy preferences, but also by strategic concerns. By highlighting this dimension of constitutional review, the book challenges the contention that high court justices are largely unconstrained actors as well as the notion that constitutional courts lack democratic legitimacy.
Author | : Mary L. Volcansek |
Publisher | : Peter Lang Incorporated, International Academic Publishers |
Total Pages | : 348 |
Release | : 1986 |
Genre | : Law |
ISBN | : |
Judicial Politics in Europe traces relations between each of the Member State judiciaries of nine countries of the European Community with the European Court of Justice, centering on the legal issue of preliminary rulings. The purpose of this exploration is to describe in a political-economic context the changes in these relationships over the period from 1961 to 1981 and to explain the causes and conditions of compliance or defiance of Community norms within the national judiciaries. This book is the first attempt to consider the impact of judicial norms cross-culturally.
Author | : Hugh Ridley |
Publisher | : BRILL |
Total Pages | : 342 |
Release | : 2019-10-01 |
Genre | : History |
ISBN | : 9004414479 |
In their time these important court cases influenced the development of a democratic legal system in a country struggling to overcome Hitler’s legacy. Today they cast a unique light on seventy years of West German social and political history.
Author | : Alec Stone Sweet |
Publisher | : Oxford University Press, USA |
Total Pages | : 326 |
Release | : 1992 |
Genre | : Constitutional courts |
ISBN | : 0195070348 |
The French Constitutional Council, a quasi-judicial body created at the dawn of the Fifth Republic, functioned in relative obscurity for almost two decades until its emergence in the 1980s as a pivotal actor in the French policymaking process. Alec Stone focuses on how this once docile institution, through its practice of constitutional review, has become a meaningfully autonomous actor in the French political system. After examining the formal prohibition against judicial review in France, Stone illustrates how politicians and the Council have collaborated over the course of the last decade, often unintentionally and in the service of contradictory agendas, to significantly enhance Council's power. While the Council came to function as a third house of Parliament, the legislative work of the government and Parliament was meaningfully "juridicized." Through a discussion of broad theoretical issues, Stone then expands the scope of his analysis to the politics of constitutional review in Germany, Spain, and Austria.
Author | : Mary L. Volcansek |
Publisher | : Routledge |
Total Pages | : 170 |
Release | : 2014-04-08 |
Genre | : Political Science |
ISBN | : 1135193622 |
Focusing on the intersection of politics and law in six western European countries and in two supra-national bodies, the contributors here aim to debunk the myth that judges are merely "la bouche de la loi" and analyze similiarities in policy-making of the judiciaries from one nation to the next.
Author | : Sebastian Cobler |
Publisher | : |
Total Pages | : 236 |
Release | : 1978 |
Genre | : Germany (West) |
ISBN | : |
Author | : Ronen Steinke |
Publisher | : Bloomsbury Publishing |
Total Pages | : 160 |
Release | : 2012-05-25 |
Genre | : Law |
ISBN | : 1847319483 |
To anyone setting out to explore the entanglement of international criminal justice with the interests of States, Germany is a particularly curious, exemplary case. Although a liberal democracy since 1949, its political position has altered radically in the last 60 years. Starting from a position of harsh scepticism in the years following the Nuremberg Trials, and opening up to the rationales of international criminal justice only slowly - and then mainly in the context of domestic trials against functionaries of the former East German regime after 1990 - Germany is today one of the most active supporters of the International Criminal Court. The climax of this is its campaigning to make the ICC independent of the UN Security Council - a debate in which Germany took a position in stark contrast to the United States. This book offers new insight into the debates leading up to such policy shifts. Drawing on government documents and interviews with policymakers, it enriches a broader debate on the politics of international criminal justice which has to date often been focused primarily on the United States.
Author | : Donald P. Kommers |
Publisher | : Duke University Press |
Total Pages | : 902 |
Release | : 2012-11-09 |
Genre | : History |
ISBN | : 0822352664 |
First published in 1989, The Constitutional Jurisprudence of the Federal Republic of Germany has become an invaluable resource for scholars and practitioners of comparative, international, and constitutional law, as well as of German and European politics. The third edition of this renowned English-language reference has now been fully updated and significantly expanded to incorporate both previously omitted topics and recent decisions of the German Federal Constitutional Court. As in previous editions, Donald P. Kommers and Russell A. Miller's discussions of key developments in German constitutional law are augmented by elegantly translated excerpts from more than one hundred German judicial decisions. Compared to previous editions of The Constitutional Jurisprudence of the Federal Republic of Germany, this third edition more closely tracks Germany's Basic Law and, therefore, the systematic approach reflected in the most-respected German constitutional law commentaries. Entirely new chapters address the relationship between German law and European and international law; social and economic rights, including the property and occupational rights cases that have emerged from Reunification; jurisprudence related to issues of equality, particularly gender equality; and the tension between Germany's counterterrorism efforts and its constitutional guarantees of liberty. Kommers and Miller have also updated existing chapters to address recent decisions involving human rights, federalism, European integration, and religious liberty.