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

Published by Berghahn Books 2016

Constitutional Courts in Comparison

The US Supreme Court and the German Federal Constitutional Court

Edited by: Ralf Rogowski and Thomas Gawron

https://doi.org/10.1515/9781785330964

Overview
Contents

About this book

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.

Author / Editor information

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).

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).

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

Topics

Frontmatter Publicly Available Download PDF	I
Contents Publicly Available Download PDF	V
Foreword to the Second Edition Publicly Available Download PDF	VII
Foreword to the First Edition Publicly Available Download PDF	IX
Figures and Tables Publicly Available Download PDF	XI
Introduction: Constitutional Litigation as Dispute Processing: Comparing the U.S. Supreme Court and the German Federal Constitutional Court Ralf Rogowski and Thomas Gawron Requires Authentication Unlicensed Licensed Download PDF	1
Part I Access and Case Selection
Chapter 1 Constitutional Litigation in the United States Robert A. Kagan Requires Authentication Unlicensed Licensed Download PDF	25
Chapter 2 Access to the German Federal Constitutional Court Werner Heun Requires Authentication Unlicensed Licensed Download PDF	62
Chapter 3 Mobilization of the German Federal Constitutional Court Erhard Blankenburg Requires Authentication Unlicensed Licensed Download PDF	92
Part II Decision Making
Chapter 4 The U.S. Supreme Court’s Strategic Decision-Making Process Timothy R. Johnson and Maron W. Sorenson Requires Authentication Unlicensed Licensed Download PDF	111
Chapter 5 Decision Making at the German Federal Constitutional Court Uwe Kranenpohl Requires Authentication Unlicensed Licensed Download PDF	146
Chapter 6 Junior Varsity Judges? Law Clerks in the Decisional Process of the U.S. Supreme Court Artemus Ward Requires Authentication Unlicensed Licensed Download PDF	165
Chapter 7 Legal Assistants at the German Federal Constitutional Court: A “Black Box” of Research? Otwin Massing Requires Authentication Unlicensed Licensed Download PDF	180
Part III Implementation
Chapter 8 The Implementation of U.S. Supreme Court Decisions Lawrence Baum Requires Authentication Unlicensed Licensed Download PDF	191
Chapter 9 Implementation of German Federal Constitutional Court Decisions: Judicial Orders and the Federal Legislature Thomas Gawron and Ralf Rogowski Requires Authentication Unlicensed Licensed Download PDF	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 Requires Authentication Unlicensed Licensed Download PDF	229
Chapter 11 The Impact of the German Federal Constitutional Court on the Consolidation and Quality of Democracy Sascha Kneip Requires Authentication Unlicensed Licensed Download PDF	254
Chapter 12 Constitutional Courts in Changing Political Systems Hans J. Lietzmann Requires Authentication Unlicensed Licensed Download PDF	282
Index Requires Authentication Unlicensed Licensed Download PDF	291

Language: English
Publisher: Berghahn Books
Audience: Professional and scholarly;
Pages
- Main content: 316
Keywords: Sociology

eBook

Published: August 1, 2016
ISBN: 9781785330964