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Author: Donald P. Kommers
Publisher: SAGE Publications, Incorporated
ISBN:
Category : Law
Languages : en
Pages : 320
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Book Description
Author: Donald P. Kommers
Publisher: SAGE Publications, Incorporated
ISBN:
Category : Law
Languages : en
Pages : 320
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Book Description
Author: Philip M. Blair
Publisher:
ISBN:
Category : Language Arts & Disciplines
Languages : en
Pages : 362
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Book Description
Author: Georg Vanberg
Publisher: Cambridge University Press
ISBN: 1139442627
Category : Political Science
Languages : en
Pages : 209
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Book Description
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
ISBN:
Category : Law
Languages : en
Pages : 348
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Book Description
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
ISBN: 9004414479
Category : History
Languages : en
Pages : 342
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Book Description
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
ISBN: 0195070348
Category : Constitutional courts
Languages : en
Pages : 326
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Book Description
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
ISBN: 1135193622
Category : Political Science
Languages : en
Pages : 170
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Book Description
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: Caroline Wittig
Publisher: Logos Verlag Berlin GmbH
ISBN: 3832544119
Category : Political Science
Languages : en
Pages : 181
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Book Description
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: Sebastian Cobler
Publisher:
ISBN:
Category : Germany (West)
Languages : en
Pages : 240
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Book Description
Author: Ronen Steinke
Publisher: Bloomsbury Publishing
ISBN: 1847319483
Category : Law
Languages : en
Pages : 160
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Book Description
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.
