Constitutional Courts in Comparison: The US Supreme Court and the German Federal Constitutional Court

by Ralf Rogowski (Editor), Thomas Gawron (Editor)

Overview

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.

Product Details

ISBN-13:	9781785332739
Publisher:	Berghahn Books
Publication date:	08/01/2016
Edition description:	Revised
Pages:	316
Product dimensions:	6.00(w) x 9.00(h) x (d)

About the Author

Ralf Rogowski is Director of the Law and Sociology Programme and Professor of Law in the School of Law at the University of Warwick. His recent books include The Shape of the New Europe (co-authored 2004), Die Wirkung des Bundesverfassungsgerichts (Co-authored with T. Gawron 2007), Reflexive Labour Law in the World Society (2013), and The Sustainability of the European Social Model (Co-edited 2015).

Table of Contents

Foreword (second edition) Ralf Rogowski Thomas Gawron vii

Foreword (first edition) Mark Tushnet ix

List of Figures and Tables xi

Introduction: Constitutional Litigation as Dispute Processing: Comparing the U.S. Supreme Court and the German Federal Constitutional Court Ralf Rogowski Thomas Gawron 1

Part I Access and Case Selection

Chapter 1 Constitutional Litigation in the United States Robert A. Kagan Gregory Elinson 25

Chapter 2 Access to the German Federal Constitutional Court Werner Heun 62

Chapter 3 Mobilization of the German Federal Constitutional Court Erhard Blankenburg 92

Part II Decision Making

Chapter 4 The U.S. Supreme Court's Strategic Decision-Making Process Timothy R. Johnson Maron W. Sorenson 111

Chapter 5 Decision Making at the German Federal Constitutional Court Uwe Kranenpohl 146

Chapter 6 Junior Varsity Judges? Law Clerks in the Decisional Process of the U.S. Supreme Court Artemus Ward 165

Chapter 7 Legal Assistants at the German Federal Constitutional Court: A "Black Box" of Research? Otwin Massing 180

Part III Implementation

Chapter 8 The Implementation of U.S. Supreme Court Decisions Lawrence Baum 191

Chapter 9 Implementation of German Federal Constitutional Court Decisions: Judicial Orders and the Federal Legislature Thomas Gawron Ralf Rogowski 210

Part IV Comparative Perspectives

Chapter 10 The U.S. Supreme Court and the German Federal Constitutional Court: Selection, Nomination, and Election of Justices Klaus Stüwe 229

Chapter 11 The Impact of the German Federal Constitutional Court on Consolidation and Qualify of Democracy Sascha Kneip 254

Chapter 12 Constitutional Courts in Changing Political Systems Hans J. Lietzmann 282

Index 291

Editorial Reviews

Praise for the first edition:
“…reveals numerous and fruitful points of contact between American and German constitutional law on the one hand, and the emerging case-law under the HRA on the other… provides vital background information concerning the underlying structures and institutions of both systems.” · European Public Law

“The essays offer valuable models for assessing the direction of comparative constitutional law… With well-presented illustrative tables, this book is an excellent contribution to the field. Recommended.” · Choice

“Taken together, the essays provide a dispute-processing framework as a model for systematic inquiry.” · Cambridge Scientific Abstracts

From the Publisher