The Politics Of Constitutional Review In Germany PDF Download
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Author | : Georg Vanberg |
Publisher | : Cambridge University Press |
Total Pages | : 209 |
Release | : 2004-12-06 |
Genre | : Political Science |
ISBN | : 1139442627 |
Download The Politics of Constitutional Review in Germany Book in PDF, ePub and Kindle
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 | : Georg Stephan Vanberg |
Publisher | : |
Total Pages | : 552 |
Release | : 1999 |
Genre | : Constitutional courts |
ISBN | : |
Download The Politics of Constitutional Review Book in PDF, ePub and Kindle
Author | : Donald P. Kommers |
Publisher | : SAGE Publications, Incorporated |
Total Pages | : 320 |
Release | : 1976 |
Genre | : Law |
ISBN | : |
Download Judicial Politics in W Germany Book in PDF, ePub and Kindle
Author | : Caroline Wittig |
Publisher | : Logos Verlag Berlin GmbH |
Total Pages | : 181 |
Release | : 2016-12-31 |
Genre | : Political Science |
ISBN | : 3832544119 |
Download The Occurrence of Separate Opinions at the Federal Constitutional Court Book in PDF, ePub and Kindle
Courts with the right to constitutional review exert considerable power in a political system. However, especially for Kelsenian constitutional courts there are hardly any large-N studies. This is mainly due to a lack of data. For the German Federal Constitutional Court, this gap has been closed by building a novel database, the development of which is depicted in this book. Employing data from this database, the occurrence of separate opinions in general and their different types in particular are analyzed. The book introduces a new, universal theory that reconciles and expands existing explanations. In a second step, the theory is applied to the German Federal Constitutional Court. It can be proven that one factor that has been neglected so far plays a decisive role: The judges' behavior depends on the profession they pursue after their time in office. Moreover, the study shows that - contrary to the common literature - it is not mainly the topic that determines a case's conflict potential but rather the number of issues a decision has to address.
Author | : Ralf Rogowski |
Publisher | : Berghahn Books |
Total Pages | : 316 |
Release | : 2016-08-01 |
Genre | : Law |
ISBN | : 1785330969 |
Download Constitutional Courts in Comparison Book in PDF, ePub and Kindle
Constitutional litigation in general attracts two distinct types of conflict: disputes of a highly politicized or culturally controversial nature and requests from citizens claiming a violation of a fundamental constitutional right. The side-by-side comparison between the U.S. Supreme Court and the German Federal Constitutional Court provides a novel socio-legal approach in studying constitutional litigation, focusing on conditions of mobilisation, decision-making and implementation. This updated and revised second edition includes a number of new contributions on the political status of the courts in their democratic political cultures.
Author | : Philip M. Blair |
Publisher | : Oxford University Press, USA |
Total Pages | : 358 |
Release | : 1981 |
Genre | : Language Arts & Disciplines |
ISBN | : |
Download Federalism and Judicial Review in West Germany Book in PDF, ePub and Kindle
Author | : David Robertson |
Publisher | : Princeton University Press |
Total Pages | : 433 |
Release | : 2010-07-01 |
Genre | : Political Science |
ISBN | : 1400836875 |
Download The Judge as Political Theorist Book in PDF, ePub and Kindle
The Judge as Political Theorist examines opinions by constitutional courts in liberal democracies to better understand the logic and nature of constitutional review. David Robertson argues that the constitutional judge's role is nothing like that of the legislator or chief executive, or even the ordinary judge. Rather, constitutional judges spell out to society the implications--on the ground--of the moral and practical commitments embodied in the nation's constitution. Constitutional review, in other words, is a form of applied political theory. Robertson takes an in-depth look at constitutional decision making in Germany, France, the Czech Republic, Poland, Hungary, Canada, and South Africa, with comparisons throughout to the United States, where constitutional review originated. He also tackles perhaps the most vexing problem in constitutional law today--how and when to limit the rights of citizens in order to govern. As traditional institutions of moral authority have lost power, constitutional judges have stepped into the breach, radically altering traditional understandings of what courts can and should do. Robertson demonstrates how constitutions are more than mere founding documents laying down the law of the land, but increasingly have become statements of the values and principles a society seeks to embody. Constitutional judges, in turn, see it as their mission to transform those values into political practice and push for state and society to live up to their ideals.
Author | : Alec Stone Sweet |
Publisher | : Oxford University Press, USA |
Total Pages | : 326 |
Release | : 1992 |
Genre | : Constitutional courts |
ISBN | : 0195070348 |
Download The Birth of Judicial Politics in France Book in PDF, ePub and Kindle
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 | : Donald P. Kommers |
Publisher | : Duke University Press |
Total Pages | : 656 |
Release | : 1997 |
Genre | : Law |
ISBN | : 9780822318385 |
Download The Constitutional Jurisprudence of the Federal Republic of Germany Book in PDF, ePub and Kindle
Kommers's comprehensive work surveys the development of German constitutional doctrine between 1949, when the Federal Constitutional Court was founded, and 1996. Extensively revised and expanded to take into account recent developments since German unification, this second edition describes the background, structure, and functions of the Court and provides extensive commentary on German constitutional interpretation, and includes translations of seventy-eight landmark decisions. These cases include the highly controversial religious liberty and free speech cases handed down in 1995.
Author | : Matthias Jestaedt |
Publisher | : Oxford University Press |
Total Pages | : 257 |
Release | : 2020-03-05 |
Genre | : Law |
ISBN | : 0192512102 |
Download The German Federal Constitutional Court Book in PDF, ePub and Kindle
This translation into English of the leading German-language work on the Federal Constitutional Court gives an overview of the court's history and role as one of the most influential constitutional courts in recent years. The book consists of four extended, free-standing essays written by each of the authors. The essays cover the historical development and political context of the Court; the Court and the constitution; the Court's approach to judicial reasoning; and the Court in contemporary constitutional theory.