
This Book Explores The Dynamic Interaction Between Courts And Political Branches In Modern Democracies, Challenging The Conventional View That Courts Passively Moderate Political Behaviour By Reviewing The Constitutionality Of Policies. While It Is Generally Assumed That Lawmakers Self-censor Their Policies To Avoid Judicial Censure, This Book Demonstrates That Lawmakers Often Consciously Push Constitutional Boundaries, Signalling Their Willingness To Defy Court Rulings. The Book Argues That Courts, Unable To Enforce Compliance, Accommodate These Challenges To Protect Their Institutional Integrity, Showing Deference That Undermines Their Role As Checks On The Political Branches. Drawing On The Insights From A Formal Model And Original Empirical Evidence From The German Federal Constitutional Court's Exercise Of Constitutional Review Over Three Decades, The Book Shows That Lawmakers Can Successfully Pressure Courts To Ease Legal Constraints When They Confront Constitutional Review, Particularly In High-stakes Political Issues. The Book Provides Novel Insights Into Legislative And Judicial Behaviour, Offering Important Implications For Understanding The Limits Of Judicial Power In Democratic Systems-- Provided By Publisher.
This book investigates the mechanisms by which lawmakers actively challenge judicial authority rather than passively adhering to constitutional constraints. Philipp A. Schroeder, a scholar in comparative politics, utilizes a formal modeling framework combined with three decades of empirical data from the German Federal Constitutional Court. The author argues that when political branches signal defiance, courts often prioritize institutional survival over strict constitutional enforcement, leading to a pattern of judicial deference that weakens the system of checks and balances.
What You Will Find
Experts identify this work as a significant contribution to the study of judicial-legislative relations in modern democracies. Scholars frequently note the technical rigor of the formal modeling, which provides a clear, evidence-based perspective on how political pressure influences legal outcomes.
Page Count:
176
Publication Date:
2025-10-08
Publisher:
Oxford University Press
ISBN-10:
0198953232
ISBN-13:
9780198953234
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