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.
|Publisher:||Berghahn Books, Incorporated|
|Product dimensions:||6.00(w) x 9.00(h) x (d)|
About the Author
Thomas Gawron is Lecturer in law at the Hochschule für Technik und Wirtschaft (HTW), Berlin. He has published Die Wirkung des Bundesverfassungsgerichts (Co-authored with R. Rogowski 2007).
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