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Constitutional Courts in Comparison

Constitutional Courts in Comparison

Ralf Rogowski | Thomas Gawron


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Book Details


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.


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

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

Section Title Page Action Price
Contents 5
Foreword to the Second Edition 7
Foreword to the First Edition 9
Figures and Tables 11
Introduction — Constitutional Litigation as Dispute Processing: Comparing the U.S. Supreme Court and the German Federal Constitutional Court 13
Part I — Access and Case Selection 35
Chapter 1 — Constitutional Litigation in the United States 37
Chapter 2 — Access to the German Federal Constitutional Court 74
Chapter 3 — Mobilization of the German Federal Constitutional Court 104
Part II — Decision Making 121
Chapter 4 — The U.S. Supreme Court's Strategic Decision-Making Process 123
Chapter 5 — Decision Making at the German Federal Constitutional Court 158
Chapter 6 — Junior Varsity Judges? Law Clerks in the Decision Process of the U.S. Supreme Court 177
Chapter 7 — Legal Assistants at the German Federal Constitutional Court: A \"Black Box\" of Research? 192
Part III — Implementation 201
Chapter 8 — The Implementation of U.S. Supreme Court Decisions 203
Chapter 9 — Implementation of German Federal Constitutional Court Decisions: Judicial Orders and the Federal Legislature 222
Part IV — Comparative Perspectives 239
Chapter 10 — The U.S. Supreme Court and the German Federal Constitutional Court: Selection, Nomination, and Election of Justices 241
Chapter 11 — The Impact of the German Federal Constitutional Court on the Consolidation and Quality of Democracy 266
Chapter 12 — Constitutional Courts in Changing Political Systems 294
Index 303