Constitutional courts have emerged as central institutions in many advanced democracies. This book investigates the sources and the limits of judicial authority, focusing on the central role of public support for judicial independence. The empirical sections of the book illustrate the theoretical argument in an in-depth study of the German Federal Constitutional Court, including statistical analysis of judicial decisions, case studies, and interviews with judges and legislators. The book's major finding is that the interests of governing majorities, prevailing public opinion, and the transparency of the political environment exert a powerful influence on judicial decisions. Judges are influenced not only by jurisprudential considerations and their policy preferences, but also by strategic concerns. By highlighting this dimension of constitutional review, the book challenges the contention that high court justices are largely unconstrained actors as well as the notion that constitutional courts lack democratic legitimacy.
Coalition governments are the norm in most of the world's parliamentary democracies. Because these governments are comprised of multiple political parties, they are subject to tensions that are largely absent under single-party government. The pressures of electoral competition and the necessity of delegating substantial authority to ministers affiliated with specific parties threaten the compromise agreements that are at the heart of coalition governance. The central argument of this book is that strong legislative institutions play a critical role in allowing parties to deal with these tensions and to enforce coalition bargains. Based on an analysis of roughly 1,300 government bills across five democracies (Denmark, France, Germany, Ireland, and the Netherlands), the book paints a detailed picture of the treatment of government legislation in contemporary parliaments. Two central contributions emerge. First, the book forces a reconsideration of the common perception that legislatures are largely irrelevant institutions in European democracies. The data presented here make a compelling case that parliaments that feature strong committee systems play an influential role in shaping policy. Second, the book contributes to the field of coalition governance. While scholars have developed detailed accounts of the birth and death of coalitions, much less is known about the manner in which coalitions govern between these bookend events. Parliaments and Coalitions contributes to a richer understanding of how multiparty governments make policy. Comparative Politics is a series for students, teachers, and researchers of political science that deals with contemporary government and politics. Global in scope, books in the series are characterised by a stress on comparative analysis and strong methodological rigour. The series is published in association with the European Consortium for Political Research. For more information visit: www.essex.ac.uk/ecpr
Constitutional courts have emerged as central institutions in many advanced democracies. This book investigates the sources and the limits of judicial authority, focusing on the central role of public support for judicial independence. The empirical sections of the book illustrate the theoretical argument in an in-depth study of the German Federal Constitutional Court, including statistical analysis of judicial decisions, case studies, and interviews with judges and legislators. The book's major finding is that the interests of governing majorities, prevailing public opinion, and the transparency of the political environment exert a powerful influence on judicial decisions. Judges are influenced not only by jurisprudential considerations and their policy preferences, but also by strategic concerns. By highlighting this dimension of constitutional review, the book challenges the contention that high court justices are largely unconstrained actors as well as the notion that constitutional courts lack democratic legitimacy.
This book comprises nine papers approaching designed institutions and their interplay with spontaneous institutions from various angles. While the evolution of spontaneous institutions is quite well understood in economic thinking, the development of consciously designed institutions has been examined much less. In new institutional economics, public choice, and law and economics the interaction between changing preferences and spontaneously evolving institutions on the one hand and the evolution of designed institutions (as, e.g., legal systems) on the other hand has largely been ignored. A number of top class international contributors have been assembled to study this phenomenon including Viktor Vanberg, Bruno Frey, Elinor Ostrom and Francesco Parisi.
In our complex, fast changing society, health is strongly influenced by the continuously changing interactions between organisations and their employees. Three major fields contribute to health-oriented improvements of these interactions: occupational health, organizational health and public health. As currently only partial links exist amongst these fields, the book aims to explore potential synergies more systematically. Considering the high mental and social demands in a service and knowledge sector economy, the first part of the book focuses on work-related psychosocial factors. As a large proportion of inequalities in health in developed countries can be explained by inequalities in working conditions, those psychosocial factors with a particularly high public health impact are highlighted. As addressing these psychosocial factors requires to involve the organization as the key change agent, the second part covers approaches to improve public health through organizational level health interventions. The last section takes a look into the future of occupational, organizational and public health: what are the future challenges regarding occupational health and how can they be tackled within and beyond the organizational level. Overall, this integrating book will help to broaden the evidence-base, legitimacy and efficacy of occupational- and organizational-level health interventions and thus increase their public health impact.
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