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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

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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:
DateEvent
2016Published
15 September 2015Accepted
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.
JEL Codes: K10 General: Constitutional Courts; K30 General: Constitutional Law; K41 Litigation Process.

Date of first compliant deposit: 25 May 2016
Date of first compliant Open Access: 1 September 2018
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