Constitutional Courts in Comparison

The US Supreme Court and the German Federal Constitutional Court

By: Thomas Gawron (Editor), Ralf Rogowski (Editor)

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eBook | 15 August 2016 | Edition Number 1

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Constitutional litigation in general attracts two distinct types of conflict: disputes of a highly politicized or culturally controversial nature and requests from citizens claiming a violation of a fundamental constitutional right. The side-by-side comparison between the U.S. Supreme Court and the German Federal Constitutional Court provides a novel socio-legal approach in studying constitutional litigation, focusing on conditions of mobilisation, decision-making and implementation.

This updated and revised second edition includes a number of new contributions on the political status of the courts in their democratic political cultures.

Industry Reviews

NEW & REVISED SECOND EDITION

Praise for the first edition:
"...reveals numerous and fruitful points of contact between American and German constitutional law on the one hand, and the emerging case-law under the HRA on the other... provides vital background information concerning the underlying structures and institutions of both systems." · European Public Law

"The essays offer valuable models for assessing the direction of comparative constitutional law... With well-presented illustrative tables, this book is an excellent contribution to the field. Recommended." · Choice

"Taken together, the essays provide a dispute-processing framework as a model for systematic inquiry." · Cambridge Scientific Abstracts