The Two Faces of Judicial Power

Dynamics of Judicial-Political Bargaining

Benjamin G. Engst

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English

Springer Nature Switzerland AG
18 April 2022

Comparative politics; Political structure & processes; Judicial powers

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.

By: Benjamin G. Engst
Imprint: Springer Nature Switzerland AG
Country of Publication: Switzerland
Edition: 2021 ed.
Dimensions: Height: 210mm, Width: 148mm,
Weight: 351g
ISBN: 9783030460181
ISBN 10: 3030460185
Pages: 245
Publication Date: 18 April 2022
Audience: Professional and scholarly , Undergraduate
Format: Paperback
Publisher's Status: Active

1. The Two Faces of Judicial Power.- 2. The Judicial-Policy-Dialog Game.- 3. Judicial Power in Germany and the European Union.- 4. The First Face of Judicial Power.- 5. The Second Face of Judicial Power.- 6. Conclusion: The Implications of Judicial Power.

Benjamin G. Engst is a Postdoctoral Researcher in Political Science at the University of Mannheim, Germany. He specializes in Comparative Political Institutions and Behavior and has a strong background in quantitative methods with a focus on Judicial Politics.