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Implementation of German federal constitutional court decisions - judicial orders and the federal legislature
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Gawron, Thomas and Rogowski, Ralf (2016) Implementation of German federal constitutional court decisions - judicial orders and the federal legislature. 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, pp. 210-226. ISBN 9781785332739
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Official URL: http://www.worldcat.org/oclc/951018009
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): | United States. Supreme Court, Germany. Bundesverfassungsgericht, Constitutional law -- United States, Constitutional law -- Germany, Constitutional Courts -- United States, Constitutional Courts -- Germany | ||||||
| Publisher: | Berghahn | ||||||
| Place of Publication: | New York | ||||||
| ISBN: | 9781785332739 | ||||||
| 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: | 2016 | ||||||
| Dates: |
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| Number: | Second edition | ||||||
| Number of Pages: | 360 | ||||||
| Page Range: | pp. 210-226 | ||||||
| Status: | Peer Reviewed | ||||||
| Publication Status: | Published | ||||||
| Access rights to Published version: | Restricted or Subscription Access | ||||||
| Description: | Forthcoming. |
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