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The politics of constitutional review: Constitutional Court and Parliament in Germany

Posted on:2000-08-04Degree:Ph.DType:Dissertation
University:University of RochesterCandidate:Vanberg, Georg StephanFull Text:PDF
GTID:1466390014961415Subject:Political science
Abstract/Summary:
Constitutional courts possess few powers to enforce compliance with their decisions and to protect their institutional integrity. At the same time, these courts can be perceived to constrain government power, and historically, they have been challenged on numerous occasions. It is reasonable to suppose that the justices who serve on these courts are aware of the relative weakness of their institutional niche, and that this awareness affects the way in which they interpret and enforce constitutional provisions. This dissertation investigates the influence, that the relative weakness of constitutional courts has on the interactions between such courts and other branches of government.;The methodological approach I employ is rooted in the rational-choice tradition. The theoretical investigation concludes that the effectiveness of constitutional review depends, in a predictable fashion, on various characteristics of the issue under review and the court's decision. The empirical chapters, of the dissertation test the theoretical results through a study of the relationship between the German Constitutional Court and Parliament. I statistically analyze a data set comprising all decisions issued by the Federal Constitutional Court between 1983 and 1996, demonstrating that the level of judicial deference does vary as predicted. The analysis is extended further through the use of qualitative evidence. I present in-depth studies of party-finance jurisprudence and a historical study of the establishment of the court. Finally, interviews conducted with justices of the court and members of parliament demonstrate that the actors are well aware of the strategic aspects of their relationship that are identified as relevant in the theoretical analysis.;The conclusions reached in this dissertation have important implications. By identifying the circumstances under which constitutional enforcement through a high court is likely to be effective, and where it is likely to fail, the dissertation raises the more general question whether, and if so how, constitutions can be made stable and effective. This question is of particular concern in light of the latest wave of democratization in Eastern Europe. Many of these democracies rely on constitutional courts designed on the German model to guard their constitutional regimes. Will this institutional arrangement suffice?...
Keywords/Search Tags:Constitutional, Institutional, Review, Parliament
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