The Politics of Constitutional Review in Germany (Hardcover) (ISBN-13: 9780521836470)

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 Vanberg
ISBN-10: 0521836476
ISBN-13: 9780521836470
Publisher: Cambridge University Press
Language: English
Published: 12/06/2004
Pages: 208
Format: Hardcover
Weight: 0.90lbs
Size: 9.00h x 6.10w x 0.80d