Read While You Wait - Get immediate ebook access, if available*, when you order a print book

cover

The Two Faces of Judicial Power

Dynamics of Judicial-Political Bargaining

Authors: Engst, Benjamin G.

  • Shows that constitutional courts exercise direct and indirect power on political branches through decision-making
  • Presents that the first face of judicial power is characterized by courts directing political actors to implement judicial decisions in specific ways
  • Models judicial–political interaction originating from both faces
see more benefits

Buy this book

eBook 67,40 €
price for Spain (gross)
  • The eBook version of this title will be available soon
  • Due: October 8, 2020
  • ISBN 978-3-030-46016-7
  • Digitally watermarked, DRM-free
  • Included format:
  • ebooks can be used on all reading devices
Hardcover 83,19 €
price for Spain (gross)
  • Due: October 8, 2020
  • ISBN 978-3-030-46015-0
  • Free shipping for individuals worldwide
  • Immediate ebook access, if available*, with your print order
  • The final prices may differ from the prices shown due to specifics of VAT rules
About this book

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.

About the authors

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.

Reviews

"Buy this book! Not only will you learn about one of Europe's most influential courts; you'll also rethink what you know about courts more generally. That's because Engst has written a game changer. Theoretically, The Two Faces of Judicial Power pushes back on the idea that courts depend on outsiders to shape their power and instead argues that through their decisions, judges can exert direct and indirect influence on political actors. Empirically, the book is a breath of fresh air. In place of the usual measures of judicial choice is an innovative content analysis of judicial decisions---one that could be adapted to many different contexts."—Lee Epstein is Ethan A.H. Shepley Distinguished University Professor at Washington University in St. Louis

"Recent decades have seen a rise in the power of courts, which has been followed by political tensions around judicial decisions and challenges against judicial independence. Scholars have invested a great deal of time and effort trying to understand the interactions between constitutional courts and legislatures, but few are able to match the theoretical rigor, empirical novelty and methodological sophistication of Benjamin Engst’s Two Faces of Judicial Power. The book constitutes a major advance in the field of judicial politics in Europe and beyond."
Daniel Naurin is Professor of Political Science at the University of Oslo


"This compelling study of constitutional review in Germany is a welcome addition to the literature. Engst reminds us that the influence courts have over public policy lies not only in their power to strike down laws but in the way that this power influences the shape of pending legislation. He offers a careful theoretical account as well as an innovative approach to revealing the second face of judicial power."
Jeffrey K. Staton is Professor of Political Science at Emory University

Buy this book

eBook 67,40 €
price for Spain (gross)
  • The eBook version of this title will be available soon
  • Due: October 8, 2020
  • ISBN 978-3-030-46016-7
  • Digitally watermarked, DRM-free
  • Included format:
  • ebooks can be used on all reading devices
Hardcover 83,19 €
price for Spain (gross)
  • Due: October 8, 2020
  • ISBN 978-3-030-46015-0
  • Free shipping for individuals worldwide
  • Immediate ebook access, if available*, with your print order
  • The final prices may differ from the prices shown due to specifics of VAT rules

Services for this book

Loading...

Bibliographic Information

Bibliographic Information
Book Title
The Two Faces of Judicial Power
Book Subtitle
Dynamics of Judicial-Political Bargaining
Authors
Copyright
2021
Publisher
Palgrave Macmillan
Copyright Holder
The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG
eBook ISBN
978-3-030-46016-7
DOI
10.1007/978-3-030-46016-7
Hardcover ISBN
978-3-030-46015-0
Edition Number
1
Number of Pages
XI, 299
Number of Illustrations
30 b/w illustrations
Topics

*immediately available upon purchase as print book shipments may be delayed due to the COVID-19 crisis. ebook access is temporary and does not include ownership of the ebook. Only valid for books with an ebook version. Springer Reference Works are not included.