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The Politics of Constitutional Review in Germany
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  • Cited by 16
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    This book has been cited by the following publications. This list is generated based on data provided by CrossRef.

    Clark, Tom S. and Staton, Jeffrey K. 2015. An Informational Model of Constitutional Jurisdiction. The Journal of Politics, Vol. 77, Issue. 3, p. 589.

    Gauri, Varun Staton, Jeffrey K. and Cullell, Jorge Vargas 2015. The Costa Rican Supreme Court’s Compliance Monitoring System. The Journal of Politics, Vol. 77, Issue. 3, p. 774.

    Leiras, Marcelo Tuñón, Guadalupe and Giraudy, Agustina 2015. Who Wants an Independent Court? Political Competition and Supreme Court Autonomy in the Argentine Provinces (1984–2008). The Journal of Politics, Vol. 77, Issue. 1, p. 175.

    Vanberg, Georg 2015. Constitutional Courts in Comparative Perspective: A Theoretical Assessment. Annual Review of Political Science, Vol. 18, Issue. 1, p. 167.

    König, Thomas and Mäder, Lars 2014. The Strategic Nature of Compliance: An Empirical Evaluation of Law Implementation in the Central Monitoring System of the European Union. American Journal of Political Science, Vol. 58, Issue. 1, p. 246.

    Baird, Vanessa A. and Javeline, Debra 2010. The Effects of National and Local Funding on Judicial Performance: Perceptions of Russia's Lawyers. Law & Society Review, Vol. 44, Issue. 2, p. 331.

    Carrubba, Clifford J. and Zorn, Christopher 2010. Executive Discretion, Judicial Decision Making, and Separation of Powers in the United States. The Journal of Politics, Vol. 72, Issue. 3, p. 812.

    Epstein, Lee and Jacobi, Tonja 2010. The Strategic Analysis of Judicial Decisions. Annual Review of Law and Social Science, Vol. 6, Issue. 1, p. 341.

    Helmke, Gretchen 2010. The Origins of Institutional Crises in Latin America. American Journal of Political Science, Vol. 54, Issue. 3, p. 737.

    Hill, Daniel W. 2010. Estimating the Effects of Human Rights Treaties on State Behavior. The Journal of Politics, Vol. 72, Issue. 4, p. 1161.

    Hönnige, Christoph and Gschwend, Thomas 2010. Das Bundesverfassungsgericht im politischen System der BRD – ein unbekanntes Wesen?. Politische Vierteljahresschrift, Vol. 51, Issue. 3, p. 507.

    Radmilovic, Vuk 2010. Strategic Legitimacy Cultivation at the Supreme Court of Canada: Quebec Secession Reference and Beyond. Canadian Journal of Political Science, Vol. 43, Issue. 04, p. 843.

    Ura, Joseph Daniel and Wohlfarth, Patrick C. 2010. “An Appeal to the People”: Public Opinion and Congressional Support for the Supreme Court. The Journal of Politics, Vol. 72, Issue. 4, p. 939.

    Helmke, Gretchen and Rosenbluth, Frances 2009. Regimes and the Rule of Law: Judicial Independence in Comparative Perspective. Annual Review of Political Science, Vol. 12, Issue. 1, p. 345.

    Hirschl, Ran 2008. The Judicialization of Mega-Politics and the Rise of Political Courts. Annual Review of Political Science, Vol. 11, Issue. 1, p. 93.

    Carrubba, Clifford J. 2005. Courts and Compliance in International Regulatory Regimes. The Journal of Politics, Vol. 67, Issue. 3, p. 669.

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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.


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This list contains references from the content that can be linked to their source. For a full set of references and notes please see the PDF or HTML where available.

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