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The two faces of judicial power : dynamics of judicial-political bargaining / Benjamin G. Engst.

9783030460167 (electronic bk.)
3030460169 (electronic bk.)
9783030460150
3030460150

Cham, Switzerland : Palgrave Macmillan, [2021]

©2021

English

1 online resource (xvi, 245 pages) : illustrations

10.1007/978-3-030-46016-7 doi

K487.P65

340/.11

"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 governments 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"-- Provided by publisher.

Includes bibliographical references and index.

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Online resource; title from digital title page (viewed July 8, 2022).

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