The Two Faces of Judicial Power
ISBN:
978-3-03-046015-0
Auflage:
1st ed. 2021
Verlag:
Springer International Publishing
Land des Verlags:
Schweiz
Erscheinungsdatum:
18.04.2021
Format:
Hardcover
Seitenanzahl:
245
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This book shows that constitutional courts exercise direct and indirect power on political branches through decision-making. The first face of judicial power is characterized by courts directing political actors to implement judicial decisions in specific ways. The second face leads political actors to anticipate judicial review and draft policies accordingly. The judicial–political interaction originating from both faces is herein formally modeled. A cross-European comparison of pre-conditions of judicial power shows that the German Federal Constitutional Court is a well-suited representative case for a quantitative assessment of judicial power. Multinomial logistic regressions show that the court uses directives when evasion of decisions is costly while accounting for the government’s ability to implement decisions. Causal analyses of the second face of judicial power show that bills exposed to legal signals are drafted accounting for the court. These findings re-shape our understanding of judicialization and shed light on a silent form of judicialization.
Schlagwörter
Jurisprudence
Supreme Court
Constitutional Court
Separation of Powers
Judicial Power
German Federal Constitutional Court
Judicial Decision-making
Judicial Politics
Separation-of-Powers
Judicial-Political
Directives
Autolimitation
Judicial Directives
Judicial-Legislative
Judicial Independence.
Empirical Jurisprudence
Law and Courts
Biografische Anmerkung
Benjamin G. Engst is a Postdoctoral Researcher in Political Science at the University of Mannheim, Germany. He specializes in Comparative Political Institutions and Behavior and has a strong background in quantitative methods with a focus on Judicial Politics.
