The Library
Constitutional litigation as dispute processing : comparing the U.S. supreme court and the German federal constitutional court
Tools
Tools
Tools
Rogowski, Ralf and Gawron, Thomas (2002) Constitutional litigation as dispute processing : comparing the U.S. supreme court and the German federal constitutional court. In: Rogowski, Ralf and Gawron, Thomas, (eds.) Constitutional courts in comparison : the U.S. Supreme Court and the German federal constitutional court. New York: Berghahn Books. ISBN 9781571812896
Research output not available from this repository.
Request-a-Copy directly from author or use local Library Get it For Me service.
Official URL: http://www.worldcat.org/oclc/46422265
Abstract
The paper compares the U.S. Supreme Court and the German Federal Constitutional Court (Bundesverfassungsgericht) by using a socio-legal perspective. In this view, the US Supreme Court is a constitutional court functionally comparable to the German constitutional court because more than half of its decisions focus on constitutional law issues. Like its German counterpart it engages in judicial review of legislation and is the institution to which citizens turn to claim their constitutional rights, and in particular those with little or no financial means to engage in litigation. The paper borrows insights from socio-legal studies for the comparison and proposes in particular to view constitutional litigation as dispute processing. It distinguishes three phases of dispute processing: mobilization of disputes, decision making in court, and implementation of judicial decisions. The paper investigates docket control exercised at the two courts, internal ways of case disposal with a particular focus on the interplay of judges and legal assistants, as well as conditions of implementation of decisions. Finally, it analyses functional aspects that include composition and impact of the courts on democracy and political culture.
| Item Type: | Book Item | ||||
|---|---|---|---|---|---|
| Subjects: | K Law [Moys] > KG Common Law, America | ||||
| Divisions: | Faculty of Social Sciences > School of Law | ||||
| Library of Congress Subject Headings (LCSH): | Government litigation, Constitutional courts -- Germany, Constitutional courts -- United States | ||||
| Publisher: | Berghahn Books | ||||
| Place of Publication: | New York | ||||
| ISBN: | 9781571812896 | ||||
| Book Title: | Constitutional courts in comparison : the U.S. Supreme Court and the German federal constitutional court | ||||
| Editor: | Rogowski, Ralf and Gawron, Thomas | ||||
| Official Date: | 2002 | ||||
| Dates: |
|
||||
| Number of Pages: | 29 | ||||
| Status: | Peer Reviewed | ||||
| Publication Status: | Published | ||||
| Access rights to Published version: | Restricted or Subscription Access | ||||
| Related URLs: |
Request changes or add full text files to a record
Repository staff actions (login required)
 |
View Item |
