Loading [MathJax]/extensions/tex2jax.js

The Two Faces of Judicial Power: Dynamics of Judicial-Political Bargaining

Publikation: Qualifikations-/StudienabschlussarbeitDissertation

Autorschaft

  • Benjamin Gerhard Engst

Externe Organisationen

  • Universität Mannheim

Details

OriginalspracheEnglisch
QualifikationPh.D.
Gradverleihende Hochschule
  • Universität Mannheim
Betreut von
  • Gschwend, Thomas, Betreuer*in, Externe Person
ErscheinungsortMannheim
PublikationsstatusVeröffentlicht - Apr. 2021
Extern publiziertJa

Abstract

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.

ASJC Scopus Sachgebiete

Ziele für nachhaltige Entwicklung

Zitieren

The Two Faces of Judicial Power: Dynamics of Judicial-Political Bargaining. / Engst, Benjamin Gerhard.
Mannheim, 2021. 245 S.

Publikation: Qualifikations-/StudienabschlussarbeitDissertation

Engst, BG 2021, 'The Two Faces of Judicial Power: Dynamics of Judicial-Political Bargaining', Ph.D., Universität Mannheim, Mannheim.
Engst, B. G. (2021). The Two Faces of Judicial Power: Dynamics of Judicial-Political Bargaining. [Dissertation, Universität Mannheim].
Engst, Benjamin Gerhard. / The Two Faces of Judicial Power : Dynamics of Judicial-Political Bargaining. Mannheim, 2021. 245 S.
Download
@phdthesis{67f40887e76a4bb0a5ec2f26374512ec,
title = "The Two Faces of Judicial Power: Dynamics of Judicial-Political Bargaining",
abstract = "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{\textquoteright}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.",
keywords = "Autolimitation, Constitutional Court, Directives, Empirical Jurisprudence, German Federal Constitutional Court, Government, Judicial Decision-making, Judicial Directives, Judicial Independence, Judicial Politics, Judicial Power, Judicial-Legislative, Judicial-Political, Jurisprudence, Law and Courts, Legislation, Representative Democracy, Separation of Powers, Separation-of-Powers, Supreme Court",
author = "Engst, {Benjamin Gerhard}",
year = "2021",
month = apr,
language = "English",
school = "University of Mannheim",

}

Download

TY - BOOK

T1 - The Two Faces of Judicial Power

T2 - Dynamics of Judicial-Political Bargaining

AU - Engst, Benjamin Gerhard

PY - 2021/4

Y1 - 2021/4

N2 - 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.

AB - 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.

KW - Autolimitation

KW - Constitutional Court

KW - Directives

KW - Empirical Jurisprudence

KW - German Federal Constitutional Court

KW - Government

KW - Judicial Decision-making

KW - Judicial Directives

KW - Judicial Independence

KW - Judicial Politics

KW - Judicial Power

KW - Judicial-Legislative

KW - Judicial-Political

KW - Jurisprudence

KW - Law and Courts

KW - Legislation

KW - Representative Democracy

KW - Separation of Powers

KW - Separation-of-Powers

KW - Supreme Court

M3 - Doctoral thesis

CY - Mannheim

ER -