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

Constitutional courts have direct and indirect power over political branches through decision-making. The German Federal Constitutional Court is a suitable case for a quantitative assessment of judicial power, using multinomial logistic regressions and causal analyses to show that the court uses directives when evasion of decisions is costly and bills exposed to legal signals are drafted accounting for the court.

Format: Paperback / softback
Length: 245 pages
Publication date: 18 April 2022
Publisher: Springer Nature Switzerland AG

This book delves into the fascinating realm of constitutional courts and their profound impact on political branches through decision-making. It unveils two distinct faces of judicial power, each with its own unique characteristics. The first face involves courts compelling political actors to implement judicial decisions in specific ways, exerting a direct influence on their actions. On the other hand, the second face involves political actors anticipating judicial review and crafting policies accordingly, shaping their decisions to align with the expectations of the court. This intricate interplay between the judicial and political spheres is formally modeled, providing a comprehensive understanding of the dynamics at play.

A cross-European comparison of the pre-conditions of judicial power sheds light on the German Federal Constitutional Court as a prime example for quantitative assessment. Through multinomial logistic regressions, it is revealed that the court employs directives when evasion of decisions is costly, taking into account the government's ability to implement decisions effectively. Causal analyses further substantiate this finding, demonstrating that bills exposed to legal signals are drafted with the court's influence in mind.

These groundbreaking findings redefine our understanding of judicialization and unveil a hitherto unseen dimension of judicial influence. They shed light on the silent form of judicialization, where the court's presence and decisions shape policy outcomes without overtly intervening. This book serves as a valuable contribution to the field of constitutional law and governance, offering insights into the complex dynamics between the judiciary and the political sphere.

Weight: 351g
Dimension: 210 x 148 (mm)
ISBN-13: 9783030460181
Edition number: 1st ed. 2021