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The Two Faces of Judicial Power

Dynamics of Judicial-Political Bargaining

By: Benjamin G. Engst

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The Two Faces of Judicial Power

Dynamics of Judicial-Political Bargaining

By: Benjamin G. Engst

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.

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Page Count

255

Publisher

Springer Nature

Published Date

ISBN 10

3030460169

ISBN 13

9783030460167

The Two Faces of Judicial Power

Dynamics of Judicial-Political Bargaining

By: Benjamin G. Engst

Write a review Read reviews Take a Quiz Solve Book Puzzle

The Two Faces of Judicial Power

Dynamics of Judicial-Political Bargaining

By: Benjamin G. Engst

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.

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Age

Page Count

245

Publisher

Palgrave Macmillan

Published Date

ISBN 10

3030460185

ISBN 13

9783030460181